Levana Suites Fire | "Form Panel, Probe Grant Of Licenses, NOCs; Proceed Against Responsible Officers": Allahabad HC Directs UP Govt

The Allahabad High Court on Wednesday directed the Uttar Pradesh Government to constitute a high-powered committee to inquire as to how NOCs and licenses were granted to the Hotel Levana Suites, where a major fire incident took 5 lives on September 5, without properly verifying the eligibility of the hotel to obtain such licenses/NOCs.

It may be noted that on September 09, 2022, a major fire engulfed the hotel Levana Suites, situated in a posh locality of the city of Lucknow and after several hours of persistent efforts of the rescue teams, the fire in the hotel was doused. 

The Committee, which shall comprise two additional chief secretaries and the director general of police, has also been asked by the bench of Justice Alok Mathur to proceed against those officials who were involved in the grant of licenses and NOCs to the owners of the hotel and also to oversee that all the rules and regulations (regarding the grant of such licenses/NOCs) are modified so as to ensure their strict compliance.

The committee has been further asked to primarily take into account the inquiry report prepared by the Lucknow police commissioner and the divisional commissioner on September 9 in which it was concluded that various regulatory authorities had failed in discharging their duty.

The Court has issued this direction while dismissing the writ plea moved by the Chief Fire Officer, Lucknow challenging his suspension order in contemplation of departmental proceedings with regard to the fire incident that engulfed Hotel Levana Suites.

Essentially, the suspension order (being challenged) was issued pursuant to a preliminary inquiry conducted by a committee consisting of the Commissioner of Police, Lucknow, as well as the Divisional Commissioner, Lucknow Zone, finding him prima facie responsible for the issuance of the no objection certificate despite the fact that in most of the mandatory aspects, including the fire service equipment, the hotel was found to be in default.

Having pursued the inquiry report, the Court noted that the petitioner was fully aware of the deficiencies in the fire safety equipment installed at the hotel in question, and there was no second staircase which fact had been noticed by the petitioner himself and endorsed at the time of grant of No Objection Certificate but still, he proceeded to grant the said certificate.

The Court also noted that the report pointed out that no map was sanctioned for a hotel and even the mandatory safety equipment were lacking including a fire escape staircase which was noticed by the petitioner himself, but still, he proceeded to issue a No Objection Certificate.

"The report unequivocally discloses the involvement of petitioner who in discharge in his duties of Chief Fire Officer granted/renewed the No Objection Certificate, and also had sufficient knowledge about the deficiencies in the fire prevention equipment and the mandatory requirements in this regard," the Court noted as it dimissed the writ plea.

However, before parting with the case, the Court did stress upon the need to proceed against the defaulting officials who are given the task of ensuring the safety and security of the public at large and are expected to discharge their duties sincerely following the mandate of law.

"There was no answer forthcoming to the query of the court has to how the hotel was functioning without even having a valid sanctioned map, and all the agencies had come to its aid and granted all the permissions overlooking the basic requirements as provided for in various Government Orders and enactments...It is expected that a thorough inquiry be held as to how such infraction of rules and regulations has taken place despite a detailed regulatory mechanism has been put in place for a grant of all licenses/No Objection Certificates," the Court further observed as it found it necessary to direct the State Government to constitute an HPC.

Consequently, dismissing the writ plea, the Senior Registrar of the Court was directed to send a copy of the order to the Chief Secretary U.P. for necessary compliance.

Case title - Vijay Kumar Singhv. State Of U.P. Thru. Prin. Secy. Home. Govt. Up Civil Sectt. Lko. And 6 Others [WRIT - A No. - 6870 of 2022]

Case Citation: 2022 LiveLaw (AB) 482

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