Mrs. I A Kundan
|Additional Municipal Commissioner (Western Suburbs)|
To ACB Mumbai
To DCP Kiran Kumar Chavan To DMC Kiran Achrekar
Sub: A) High Level Corruption in Fire Department, CFO Fails to submit Fire report even after three weeks of fire incident to favor owner of Golden Chariot and fails to initiate prosecution proceeding against the owner of Golden Chariot Restaurant even after incident of Fire taking place on 28th December 2016.
- B) CFO had already issued 3 notices to the Golden chariot restaurantfor non compliance of Fire Safety Norms in last three years, but chooses not to take any action due to vested interest risking life of many innocent citizens
- C) The MOH and Fire Brigade Department have rejected the application for the trade license of M/s. Golden Chariot Hospitality Service Pvt. Ltd.but the restaurant is ruining and doing business as usual
Respected Sir / Madam
This is a clear case of undue favor given to Golden Chariot Restaurant at Hub Mall, Goregaon East, THE CFO, MOH B&F department of MCGM and Police fail to take any action after the incident of fire took placed on 28th December 2016,
The Fire department till date has not submitted their report even after three weeks to the police for further investigation and prosecution of filing FIR.
The Fire Department have already issued 3 notices before to the Golden Chariot restaurant for non compliance of fire safety norms before incident of fire took placed on 28th December 2016,
The offences are of serious nature
- i) The Fire exit was converted in to cold storage
- ii) The passage leading to Fire exit was encroached and converted into restaurant dining area
iii) The AHU's and Electric rooms converted into commercial rooms (these are free of FSI loss to the state and violation of FSI norms)
- iv) The common ladies toilets were modified and altered without any approval of any authorities into ladies and gents, and were illegally taken in to the restaurant denying access to visitors of the MALL
All the above have lapses and observation have been mentioned in the all the three notices issued time and again
1st Notice the inspection by the fire brigade department of the MCGM. On inspection of the site, the said authority submitted a report dated 16.1.13 to CFO with necessary recommendations and actions to be in initiated. The report clearly directed that the activities of the said restaurant be verified and necessary action be taken.
2nd Notice report dated 19.6.14 to the Dy. CFO which recommends the following actions:
a.) Verification addition/alteration amalgamation, encroachment of fire exit, removal of unauthorized fire exit passage, toilet, loft etc.
b.) To direct the party to keep the necessary no. of fire extinguishers as directed by the said authority.
3rd Notice by MCGM, fire brigade department once again submitted a complaint report dated 14.11.14 to the CFO. The highlights of the observations in the said report are as follows:
- a)In the north side landing on the second floor, the staircase landing was partially obstructed by keeping refrigerator and other things by the Golden Chariot restaurant and an unauthorized construction of the steel frame plywood sheet enclosure box of A.C. unit and a steel ladder for access to the loft in encroached area of common passage by the Golden Chariot restaurant.
- b)The common toilet block along with its approach passage and way to emergency exit of north side staircase was blocked for public use by illegally encroaching and utilizing it for restaurant activity by Golden chariot Restaurant.
- c)The amalgamation of two shops n0. 23 and 24 along with its front common passage was done and merged it in dining area by Golden Chariot Restaurant without taking NOC and sanctioning the plan fromthe Fire Brigade Department.
- d)In view of the above circumstance, I have to inform you that the MOH and Fire Brigade Department have rejected the application for the trade license of M/s. Golden Chariot Hospitality Service Pvt. Ltd.
The period to rectify and make necessary changes or to meet the compliance as per law is 120 days after giving the notice, more than 120 days have lapsed and no compliance has been met till date Under Maharashtra Fire Prevention and Life Safety Measure Act, 2006 Rules there is a provision to start prosecution proceedings by lodging FIR regarding non compliance of fire and life safety regulation by competent authority i.e. Mumbai fire Brigade. But Mumbai Fire Brigade failed to take any action reason best known to them or were they were bribed is question that will come to anybody’s mind
There should be departmental Inquiry on the involvement of Fire Brigade staff, P/ South ward MCGM concerned officers and the police officers of vanrai and they should be dealt strictly in accordance with law and should not only be suspended but criminal proceeding should be initiated against them
We would like to draw your attention to Section 10 of the Transfers and Delays Act 21 of 2006/ (64C of the Mumbai Municipal Corporation Act) which mandates that no decision can be kept pending for over 3 months. In the instant case, no action is initiated despite the complaints are made from December 20115, we request to conduct a preliminary enquiry to fix responsibility on the officers responsible for this delay and take appropriate disciplinary action against them. We request that the report of the enquiry may please be sent to us
We further wish to bring to your knowledge certain penal provisions which bring the CFO. MCGM Staff (i.e. MOH, B& F dept.) under the purview:
The Indian Penal Code
IPC 217: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
IPC 218: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
IPC 218: Intentional omission to apprehend on the part of public servant bound to apprehend.
Thanking you in anticipation of immediate action
Citizens Justice Forum
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