Kamala Mills Fire | Bombay High Court slams BMC, picks loopholes in rooftop restaurant policy

The Bombay High Court on Monday, picked loopholes in the rooftop restaurant policy finalised by the Brihanmumbai Municipal Corporation, it said, “As per several enactments the terrace is a common amenity area, how can it be used by an owner/developer or a particular member. It is illegal.”

A division bench of Justice RM Borde and Justice Rajesh Ketkar also urged the government and the corporation to wake up and take the example of the Kamala Mills fire, in which 13 people lost their lives, as an opportunity to revisit and correct in future and also have a mechanism to check violations committed by restaurants.

The bench while asking the corporation to place on record by Wednesday, its rooftop restaurant policy said “As per MOFA, RERA and Apartment Ownership Acts, if a member is a lessee or tenant will he have a right to the amenities and will consent of other members not be required for letting out the area.” The court made it clear to the civic body that it wants to understand from it the clear ‘definition of a rooftop restaurant’. “What is the idea behind this policy,” it said. It added that granting licences for eating out places, as was given to 1above restaurant, where the fire took place, was illegal.

Senior Advocate Anil Sakhare, appearing for the corporation submitted the report present by the Municipal Commissioner, Ajoy Mehta to the Chief Minister and said “Action against 12 corporation employees has been initiated. Nobody is being protected.” However, this did not appeal to the bench which retorted saying “These are places where public have access, their safety has to be your utmost concern. There are many fire incidents, which have taken place in the city; this should give you a reason for you to carry out a comprehensive check of every eating out/restaurant/pubs in the city.”

The court has urged the government and corporation to have an independent regulating body, to monitor the functioning of various departments which are involved in granting licenses for running an eating house or pubs. Justice Ketkar said, “Prima facie we find once licences are issued there is no monitoring, Renewal of licenses becomes merely a paper work exercise and there is no physical checking done.”

The court also raised an alarm on road side eating places and suggested that there is rampant violation of rules and court orders. It asked the civic body to do some checking or have a mechanism for monitoring. 

The court gave the direction while hearing a Public Interest Litigation, filed by former Mumbai Police Commissioner, Julio Ribeiro, seeking setting up of a Judicial Commission, for accounting the responsibility of government officials, for their lapses and direction to the authorities to conduct a fire audit of all restaurants and pubs.