Appeal to all to support the cause by signing and promoting the petition http://tinyurl.com/jk47wmf The petition is about safety of Innocent people from Fire Hazard due to high scale corruption in Fire Dept and inaction as well as lethargy of Fire Dept. endangering lives of many innocent citizens.
To support and sign kindly open the link http://tinyurl.com/jk47wmf
20.1.2017
To,
The Hon’ble Chief Minister, Shri Devendra Fadnavis, Mantralaya, 6th Floor, Madame Cama Road, Mumbai – 400032.
To Municipal Commissioner, BMC Head Office, Mahapalika Marg, Mumbai – 400001.
To Mumbai Police Commissioner, T. Marg, Opp. Crawford Market, Mumbai – 400002.
Sub: Inaction by the Chief Fire Officer (CFO) of Mumbai Fire Brigade, Suburban Head Quarters, Marol Fire Station, Marol Naka, Mumbai, (and other officers) with regards to the illegal constructions done and subsequent fire at “Golden Chariot Restaurant” in “The Hub Mall”, Goregaon (East), Mumbai. (Hereinafter referred to as “said Restaurant” for sake of brevity), on 28.12.2016.
Sir / Madam,
- We, the undersigned, fully support this Petition created by the NGO – “Citizens Justice Forum” which is working in the public interest to protest against the inaction of the concerned officers against the said Restaurant which had grossly violated construction norms and thus had resulted in a big fire on 28.12.2016.
- It is highly regrettable that the authorities entrusted with the implementation of the Fire Safety norms have miserably failed to perform their duties which gave a liberty to a few devious persons to violate the law with impunity.
- The said Restaurant has been operating illegally since 2008 without the mandatory permissions from MCGM – the Bldg. and Factory Dept., Fire Department etc. On 16.1.2013 the Fire Brigade Department of the MCGM after inspection of the said restaurant, submitted a report to the CFO, notifying him about the gross violations and a demand to initiate penal action against the said Restaurant. (We annex a copy of the said letter as Exhibit “A” )
- CGM, Fire Department via letter dated 19.6.2014 once again notified the CFO about the various encroachments, construction in the fire exit area, deviation from the sanctioned plans and again recommended immediate action against the said Restaurant. (A copy of the said letter has been annexed and marked as Exhibit “B”).
- Again MCGM’s Fire Department via letter dated 14.11.14 submitted afresh complaint to the CFO highlighting the disobedience and defiance by the said restaurant and continuation of the various violations in spite of multiple notices. They also informed the CFO that the MOH and Fire Brigade Department have rejected the application for the trade license of the said Restaurant. Despite the repeated reminders by the MCGM’s Fire Department, the CFO chose not to take any action against the said Restaurant. This non-performance of the statutory duty by the CFO undeniably amounts to aiding and abetting unauthorized constructions and nexus with this law-breaker for possible illegal gratifications. ( A copy of the said letter has been annexed and marked as Exhibit “C”.)
- On 28.12.2016 at 12.20 p.m a major fire broke out in the said Restaurant which is situated on the second floor of the Hub Mall. Sweltering fire engulfed the said Restaurant and the people inside did not have any immediate access to any of the Fire Exits as the illegal alteration and construction had blocked all the exits of the said Restaurant. A major tragedy was thwarted due to the timely action of the six fire tenders pressed into service by the Fire Brigade department. The fire was quelled only in the evening and the incident was covered largely by the media also. ( A copy of the print media coverage on the above said incident is annexed and marked as Exhibit-“D”.)
- It is pertinent to note that even after the blaze on 28.12.2016, no action whatsoever has been initiated against the said Restaurant by the CFO nor an FIR has been lodged which is in contravention of the the Maharashtra Fire Prevention and Life Safety Measures Act, 2009.
- Furthermore, to add insult to injury, the said Restaurant is functioning as usual, posing a serious threat to the unwary patrons who may become victims to the manipulations and connivance of the authorities and the owners of the said Restaurant, in case a similar incident recurs, rendering their lives in peril.
- With great remorse it is submitted that if such delaying and colluding tactics are to be stopped, some stringent action has to be taken by ruthlessly demolishing the illegal constructions and alterations made by the said restaurant by following the due process of law.
- Eegretfully it has become a sort of a norm in our society that affluent persons can escape the clutches of law or twist the arm of law by some manipulation and greasing of palms. This norm must be proved wrong and a true meaning should be given to the Swachh Bharat Abhiyan. I hereby earnestly request you to inquire into this matter with urgency and issue directions to the concerned authorities to initiate appropriate action against the said restaurant at the earliest and not wait for another fatal fire incident to occur.
- The period to rectify and make necessary changes or to meet the compliance as per law is 120 days after giving the notice. But more than 120 days have lapsed and no compliance has been met till date under the Rules of Maharashtra Fire Prevention and Life Safety Measure Act, 2006. Under the latter Law 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 for reasons best known to them. To the common man it would be appear to be for illegal gratifications.
- There should be Departmental Inquiry to probe the involvement of Fire Brigade staff, Asstt. Mun. Commissioner, Astt. Engr. (B&F), MoH etc. of MCGM’s P/South ward, Police Officers of Vanrai Police Station etc. These law-enforcers should be dealt strictly in accordance with the Service Rules, Prevention of Corruption Act, IPC and other laws of the land and 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 complaints being made from December 2015. So 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, furnished to the media and uploaded on the MCGM and Maharashtra Govt. website.
- We further wish to state that these concerned officers ( viz. the Mumbai Fore Brigade’s CFO, MoH, A.E. (B&F) of P/South ward, Sr. Police Inspector of Vanrai Police Station, concerned ACP and DCP etc. by their inaction on this gross illegality are violating the following provisions and attract punishment under :
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 221: Intentional omission to apprehend on the part of public servant bound to apprehend.
So we urge you to at least now take immediate suitable action to prevent similar tragedy and punish all the concerned officers who had connived to facilitate illegal construction which had resulted in this inferno.
We would appreciate if we are inform of the action taken on our above concerns and the inquiry reports as and when they are completed.
Sincerely Yours
Sulaiman Bhimani
President
Citizens Justice Forum
+919323642081
Citizensjusticeforum@gmail.com
News Paper coverage
http://www.mid-day.com/articles/mumbai-fire-in-goregaons-hub-mall-no-one-hurt/17867174
http://www.afternoondc.in/city-news/not-so-golden-this-chariot/article_184619
