"Very Serious State Of Affairs": Allahabad High Court Takes Suo Moto Cognizance Over Recent Fire Incidents In Lucknow

The Allahabad High Court has taken suo moto cognizance of the recent fire incidents in Lucknow as it noted that several hotels, coaching centers, hospitals, and commercial establishments in Lucknow are without validly sanctioned maps and fire safety measures.

The bench of Justice Rakesh Srivastava and Justice Brij Raj Singh primarily took into account the recent two incidents that took place in the city, one in a well-known hotel (Levana Suites) and another, at a coaching center (Gravity Classes).

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. Another incident took place in a coaching center the next day and it was reported that since the building had a narrow staircase, it resulted in several students getting stuck in the building. 

Referring to the newspaper reports, the Court noted that the hotel in question did not even have an approved map, the hotel was being operated on the basis of a residential map and it was operating in blatant violation of several fire safety rules, with outdated and inadequate fire safety equipment.

"This is a very serious state of affairs, with very wide public health and safety ramifications. The saddest part is that the loss of life and property was totally avoidable in nature, by mere adherence to the rules and regulations in place by the establishments, and its stricter implementation by the concerned authorities. It is deeply concerning to note that thousands of residential and commercial establishments are allowed to flout the building and fire safety rules by the relevant authorities, and it is only when a major tragedy such as the incident of fire at the Levana Suites Hotel takes place that these authorities wake up from their slumber and start taking proactive steps to seal and demolish such buildings. It is difficult to believe that these wrongdoers are allowed to construct their buildings and run their establishments without the knowledge and connivance of the concerned authorities," the Court remarked as it stressed that there is an exigent demand to ensure that such incidents do not occur in the future.

The Court also observed that even though various probes and inspections have been ordered by the State Government, however, it is often observed that such probes and drives end up losing steam as soon as such tragic incidents die down in the public memory. 

Consequently, the Court directed the Vice-Chairman of the Lucknow Development Authority to remain present before the Court on the next date of listing and to file an affidavit detailing the number of establishments that are operating without proper building and fire permits in the city of Lucknow.

"It is specifically required to be brought on record as to how many commercial establishments are doing business without even a commercial map approval in their favour. He is also required to ascertain the cases in which such permits should not actually have been issued, and have been illegally obtained. Through the same affidavit, it may also be brought on record as to the steps being taken to curb this menace," the Court further ordered.

In his affidavit, the VC of LDA has been also asked to specifically state as to:

Whether construction activities are being carried out as per approved land use;

Whether the map is sanctioned in accordance with the rules/regulations governing the field;

Whether construction has been raised in accordance with the sanctioned map;

Whether set off and open space has been left as per the rules and regulations and there is no unauthorised constructions;

Whether there is sufficient parking space in the commercial complex;

Whether a building completion certificate has been given by the Development Authority;

Whether the buildings in which commercial activity is being carried out have enough space for the movement of ambulance and fire brigade.

Action taken, if any, by the authority against the officials found guilty in such cases.

Similarly, the Chief Fire Officer has also been directed to file his affidavit bringing on record the number of buildings, hospitals, and commercial establishments which are operating without valid fire exits and equipment.

"It is also required that the affidavit clearly mention the number of NOCs which were found to have been wrongly given, in spite of the absence of proper adherence to the fire safety norms. He shall specifically state as to whether the NOC has been given as per the sanctioned map," the Court further ordered.

The Court also requested Jaideep Narain Mathur, Senior Advocate and Meha Rashmi, Advocate to assist this Court in the matter by acting as Amicus Curiae. The matter would be heard next on September 22, 2022.

Case title - Suo Moto In Re Incidents Of Fire At Levana Suites Hotel Vs. State Of U.P. Thru. Addl. Chief Secy. Home Lucknow And 2 Others

Click Here To Read/Download Order