2025 Supreme(Bom) 1318
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P. COLABAWALLA, FIRDOSH P. POONIWALLA, JJ.
Rekha P. Thapar - Appellant
Versus
State of Maharashtra - Respondent
Writ Petition No.659 of 2018
Decided on : 10-06-2025
For the Appellant :Adv. Naushad Engineer, Sr. Advocate with Adv. Hasmit Trivedi, Adv. Mehek Shah i/b. Jayesh Mestry
For the Respondent:Ms. Purnima H. Kantharia, G. P. with Mr. Abhay L. Patki, Addl. G. P., Mr. A. Y. Sakhare, Sr. Advocate with Adv. Yashodeep Deshmukh, Adv. Jyoti Mhatre, Adv. Anuja Tirmali i/b. Adv. Komal Punjabi, Adv. S. R. Page with Adv. Eesha Jaifalkar, Adv. Archana Joglekar, Adv. Vighnesh Kamat with Adv. Satish Kamat, Dr. Shailendra Gujjar, Medical Officer of Health (L Ward), Mr. Vishal Ghagre, Investigation Officer (D.E. Cell)
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.
Headnote:1. **Statute Analysis**: The judgment revolves around public safety obligations outlined in the Maharashtra Municipal Corporation Act. The tragic fire at Hotel City Kinara, leading to the deaths of eight victims, raised questions on statutory compliance and negligence by municipal authorities. 2. **Findings of Court**: The Court determined that Respondent No.2 (Municipal Corporation) grossly neglected its supervisory duties despite being aware of multiple fire safety violations at Kinara. 3. **Result**: The Court held Respondent No.2 liable for compensation of Rs. 50 lakhs to each petitioner, emphasizing the breach of fundamental rights under Article 21 of the Constitution of India.
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:-
| Petitioners No. | Name of the Petitioner | Name of the deceased victim | Relation to the Victim |
| 1 | Rekha P. Thapar | Akash Thapar | Mother |
| 2 | Hendric Dsouza | Erwin Dsouza | Father |
| 3 | Antony Fernando | Brian Fernando | Father |
| 4 | Sangeeta Kanaujia | Arvind Kanaujia | Wife |
| 5 | Jalil Ahmed Shaikh | Sharjeel Shaikh | Father |
| 6 | Musthaque Shaikh | Taha Shaikh | Father |
| 7 | Jacinta D’souza | Bernadette D’souza | Mother |
| 8 | Ateeq Rehman Chaudhary | Sajid Chaudhary | Father |
3. On
“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)
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
9. During a routine inspection carried out on