Mumbai: The Bombay high court passed a detailed order on Monday pertaining to a PIL seeking judicial probe into Kamala Mill fire. The court has observed that “BMC commissioner and higher officers of BMC cannot disown responsibilities of their subordinate as it is their vicarious liability to control and regulate the work of their subordinates.” The observations were made after the high court examined the report filed by the BMC commissioner.
The court held that commissioner in his report stated that restaurant owners and Kamala Mills owners had violated various rules and regulations with the help of local BMC officers, therefore, action has been initiated against those officers. The court said taking action against officers was not sufficient and higher officers should have personally monitored the violations. The court, therefore, said that these things made it incumbent to constitute an independent committee, which is unconnected with the BMC to probe the irregularities.
A division bench of Justice R.M. Borde and Justice Rajesh Ketkar was hearing a PIL filed by a retired commissioner of police Julio Ribeiro, who sought that a judicial committee be set up under the Commissions of Inquiry Act to probe the fire and expose illegalities of restaurant owners as well as BMC officers.
The commissioner in the probe report stated that there is a possibility that Kamala mill might have used commercial areas beyond the permissible limit. It is further observed that there may be further violations of FSI, addition, alteration without approvals and violation of the IT policy of the state. The BMC commissioner also requested three more months time for thorough investigation.
The bench on Friday constituted a three-member independent committee to probe the Kamala Mills fire incident as well as to see how such incidents can be avoided in the future.
The court clarified that a retired HC judge, an architect of HC panel and a retired bureaucrat or retired member of the urban development department or retired secretary of the town planning department would be a part of the committee.
On December 29 last year 14 people were killed and over 30 injured when the fire broke out at two restaurants - 1Above and Mojos Bistro - at Kamala Mills compound in Lower Parel.
