{"id":273552,"date":"2022-09-12T15:00:44","date_gmt":"2022-09-12T09:30:44","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=273552"},"modified":"2022-09-12T15:00:44","modified_gmt":"2022-09-12T09:30:44","slug":"allahabad-high-court-public-interest-litigation-levana-suites-non-objection-certificate-fire-incident-gravity-classes-public-health-fire-safety-rules-lucknowdevelopment-authority-chief-fire-officer-af","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/09\/12\/allahabad-high-court-public-interest-litigation-levana-suites-non-objection-certificate-fire-incident-gravity-classes-public-health-fire-safety-rules-lucknowdevelopment-authority-chief-fire-officer-af\/","title":{"rendered":"Allahabad High Court took suo motu cognizance of a major fire incident at a hotel in Lucknow; observes that thousands of establishments are allowed to flout the building and fire safety rules by the relevant authorities"},"content":{"rendered":"
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Allahabad High Court<\/span>: In a case relating to the fire incident on 05.09.2022 at a well-known hotel, namely, Levana Suites, where four human lives were lost and many more are in a critical state, the division bench of Brij Raj Singh and Rakesh Srivastava, JJ. have taken a suo motu cognizance of the various digital and print reports relating to the incident of fire and observed that there is an exigent demand to ensure that such incidents do not occur in the future and issued certain directions.<\/p>\n

The Court placed reliance on various newspaper reports and noted that the hotel in question did not even have an approved map, and the hotel was being operated on the basis of a residential map. It has been further noted that the hotel was operating in blatant violation of several fire safety rules, with outdated and inadequate fire safety equipment.<\/p>\n

Further, the Court expressed surprise on the fact that, at the time when this unfortunate incident took place that the hotel was in possession of Non-Objection Certificate (NOC) of fire department even, when there was a clear lack of fire escape management system and violation of several fire related safety rules on its part. Further, the hotel was allowed to operate for several years without having proper fire exits in place.<\/p>\n

The Court also noted that another fire broke out in a coaching centre, namely, Gravity Classes on 06.09.2022 within a space of a few hours; and that several hotels, coaching centres, hospitals and commercial establishments are operating across the city of Lucknow without validly sanctioned maps and fire safety measures, with total impunity.<\/p>\n

The Court observed that \u201cthis is a very serious state of affairs, with very wide public health and safety ramifications, and the saddest part is that the loss of life and property was totally avoidable in nature, by mere adherence to the rules and regulations in place by the establishments, and its stricter implementation by the concerned authorities\u201d<\/span>.<\/p>\n

Moreover, the Court viewed that \u201cit is deeply concerning that thousands of residential and commercial establishments are allowed to flout the building and fire safety rules by the relevant authorities, and it is only when a major tragedy such as the said incident takes place, that these authorities wake up from their slumber and start taking proactive steps to seal and demolish such buildings\u201d<\/span>.<\/p>\n

Placing reliance on the decision in M.I. Builders (P) Ltd.<\/i> v. Radhey Shyam Sahu<\/i>, (1999) 6 SCC 464<\/a>, wherein the Court held that unauthorized constructions should be demolished, irrespective of the financial burden imposed upon the wrongdoers. Further, there is an urgent need to bring to book not only the builders flouting the norms, but also the officers who are involved in the raising of such illegal constructions.It further took note of the ruling in Dipak Kumar Mukherjee<\/i> v. Kolkata Municipal Corpn.,<\/i>(2013) 5 SCC 336<\/a> wherein the Court observed that it is imperative for the concerned public authorities to not only demolish such construction but also impose adequate penalty on the wrongdoer.<\/p>\n

Thus, the Court directed the Vice-Chairman of the Lucknow Development Authority to be present before this Court on the next date of listing and directed him the following:<\/p>\n