Public authorities must meet high standards of care in enforcing safety regulations, and failure to do so leading to loss of life constitutes negligence actionable under public law.

JUDGMENT :

1. RULE. Rule made returnable forthwith and heard finally by consent of the parties.

INTRODUCTION:-
2. On 16th October, 2015, 8 young adults visited a restaurant named Hotel City Kinara (herein after referred to as “Kinara”) for lunch at 1.00 p.m.. They were made to sit on a table in the loft area/mezzanine floor of Kinara where food was served to them. At about 1.20 p.m. a fire broke out in the loft area/mezzanine floor. The Fire Brigade came at around 1.36 p.m. However, tragically all 8 young adults lost their lives. The names of these young adults, the names of the Petitioners who are their parents/widow and the relation of each of the Petitioners to the deceased victims is set out herein below:-

3. On 28^th August, 2016, a complaint was filed before the Lokayukta, Maharashtra State, seeking directions for investigation into the fire incident and compensation to the families of the 8 young adults. By an Order dated 27^th February, 2017, the Lokayukta, Maharashtra State, dismissed the complaint. As far as the claim for compensation was concerned, it was recorded that, during the course of hearing, it had transpired that compensation had already been ordered to be paid to the families of the deceased persons who died due to the accidental fire at Kinara. It was also recorded that the compensation amount had already been credited to the account of the Tahsildar, Kurla, who had been directed to take further steps. In view thereof, the Lokayukta did not grant any compensation.

4. Being aggrieved by the Order dated 27^th February, 2017 passed by the Lokayukta, Maharashtra State, the Petitioners filed the present Petition. When the present Petition came up for hearing on 20^th August, 2019, this Court was pleased to pass the following order:-

“2:- In view of the tragic loss of human lives, we would like to consider the issues arising in the petition, in particular whether compensation should be paid to the family of the victims and whether the liability can be attached to the municipal corporation for negligence or disregard in discharge of its duties, if any, which may have resulted into or led to the unfortunate incident. Both the sides are put to notice that the petition will be disposed off finally at this stage. Stand over to 17th September, 2019 at 03.00 p.m.”

(emphasis supplied)

5. By virtue of the said Order dated 20^th August, 2019, and which was not been challenged by any of the parties, the issue, as to whether compensation has to be paid to the family of the victim and whether any liability can be attached to Respondent No.2 (MCGM) for negligence or disregard in discharge of its duties which may have resulted into or led to the unfortunate incident, would have to be considered by us in this Petition.

FACTS:-

6. Respondent No.6 is the owner of premises bearing Shop No.1, Madhur Seth Chawl, Opposite Holy Cross School Gate, Premier Road, Kurla (West), Mumbai 400 070.

7. In 2009-10, Respondent No.6 entered into an Agreement with Respondent No.7 whereunder Respondent No.7 commenced the business of running a restaurant under the name and style of “Hotel City Kinara”. Kinara consists of a ground floor and a mezzanine floor. The restaurant had a narrow room on the ground floor and 216 sq. ft on the mezzanine floor where it had sitting place for 16 persons.

8. One Martin Matthews filed an Application dated 4^th September, 2012 under the Right to Information Act, 2015 (“RTI Act”) with Respondent No.2, seeking certain information in respect of Kinara.

9. During a routine inspection carried out on 13^th September, 2012 [of Kinara], the Medical Officer of Health (