Bombay High Court
Mery Emelia Anthony Muttungal vs The State Of Maharashtra And 3 Ors on 17 April, 2023
Author: R. N. Laddha
Bench: G. S. Kulkarni, R. N. Laddha
bipin prithiani
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4-wpl-1119.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 1119 OF 2022
WITH
WRIT PETITION (L) NO. 20632 OF 2022
Mery Emelia Anthony Muttungal ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
******
Mr. J. P. Kharge for the Petitioner.
Ms. P. H. Kantharia, G. P. for the Respondent-State in WPL/1119/2022.
Mr. Himanshu B. Takke, AGP for the Respondent-State in WPL/20632/
2022.
Ms. Vandana Mahadik for the Respondent-MCGM.
Mr. Ish Jain i/by Kiran Jain & Co. for the Respondent Nos.7 to 10 in
WPL/20632/2022.
******
CORAM: G. S. KULKARNI &
R. N. LADDHA, JJ.
DATE : 17th APRIL, 2023 P.C. :-
. In pursuance of the earlier order dated 10 April 2023, passed by this Court, Ms. Mahadik, learned counsel for the Respondent- Municipal Corporation has tendered an affidavit of Shri S. D. Sawant, Deputy Chief Fire Officer (Region-I) 'E' Ward, placing on record the inspection report in regard to the compliances by the private respondents of the Fire Safety norms.
2. By our said order, we had directed the concerned Officers of the Municipal Corporation to undertake an inspection of the timber shops ::: Uploaded on - 21/04/2023 ::: Downloaded on - 21/04/2023 22:29:02 ::: bipin prithiani 2 4-wpl-1119.22.doc of the private respondents so as to ascertain whether the 'Fire Safety Requirements' are complied. Accordingly, an inspection was undertaken by the concerned Officers of the Municipal Corporation. In the inspection report, following observations have been made :
" During the course of inspection, it was came to know that some of the Timber Shop Owners/Occupiers possesses Trade License u/s 394 MMC Act (Annexure A Sr. No. 1 to 8), but they have not produced Fire Safety Requirements Letter and Fire Safety Compliance Certificate and rest of the Timber Shop Owner/Occupiers (Annexure B Sr. No.1 to 4) have not produced Trade License u/s 394 MMC. Act as well as they are not possessing Fire Safety Requirement Letter and Fire Safety Compliance Certificate.
Recommendation/Action :- Asst. Commissioner E ward, is requested here with to direct Sr. Inspector License to take appropriate necessary action under section 394 of MMC Act. Also it is further requested to ask the all shop owner/occupiers to obtain Fire Safety Requirements Letter & Fire Safety Compliance Certificate from this department, till then Trade License issued from the license department E -ward shall not be renewed and trade activity of all the shops shall be stopped immediately to avoid any untoward incident in future."
3. Learned counsel for the private respondents very vociferously submitted that there is no requirement of any Fire Safety Compliance Certificate, and that the private respondents were never put to notice of such a requirement. It appears to us that such vehement submissions are being advanced without ascertaining the documentary position. In such context, we called upon the Municipal Corporation to submit for our perusal a copy of the licence which has been issued to the private respondents to conduct the timber business. Ms. Mahadik has placed on record copy of a licence issued to one of the timber shops, namely, M/s. Latif & AMP Company, which categorically provides for compliance with the codified/specific fire prevention ::: Uploaded on - 21/04/2023 ::: Downloaded on - 21/04/2023 22:29:02 ::: bipin prithiani 3 4-wpl-1119.22.doc conditions. The relevant portion of the licence is required to be noted which reads thus :
"This Permit is granted pursuant to the provision of section 394 and 479 of MMC Act, 1888. It is valid and subsisting subject to the faithful compliance and observance of the preconditions stipulated by the competent authorities of MCGM while granting this License inclusive of all following general and codified/Specific fire prevention conditions. The license is issued without prejudice to the right of Municipal Corporation of Greater Mumbai to initiate any appropriate action against the Premises/Structure depending upon the status of the same. This License Does Not Entitle The Authorization Of Subject Premises/Structure."
4. We would thus not appreciate and accept the submissions as advanced on behalf of the private respondents that there is no obligation/requirement for the private respondents to comply the necessary fire safety norms, more particularly, when the business in question is a timber business being conducted in the vicinity of a school and is an area which is thickly populated and located on a prominent artieral road in the city of Mumbai. Also such compliances are part of the conditions of licence issued to the private respondents. In fact, the observation in the report is that Fire Safety Requirements Letter and Fire Safety Compliance Certificate have not been produced by some of the timber shop owners/occupiers, as also they have not produced Trade Licence under Section 394 of the Mumbai Municipal Corporation Act, 1888 (for short 'MMC Act') and accordingly, the recommendation has been made for appropriate action.
5. In the above circumstances, we may observe that these are statutory compliances, which the private respondents and under a mandate to comply if they intend to conduct their timber business. We, therefore, permit the MCGM to implement the recommendations/ ::: Uploaded on - 21/04/2023 ::: Downloaded on - 21/04/2023 22:29:03 ::: bipin prithiani 4 4-wpl-1119.22.doc actions to be taken, as observed in the last paragraph of the report of the MCGM as placed on record by the affidavit of Shri S. D. Sawant, Deputy Chief fire officer (Region-I) 'E' Ward. Let appropriate action against the non-compliant private respondents be taken after a period of fifteen days from today, if appropriate compliances are not undertaken by the private respondents by such period.
6. It is, in fact, surprising to us that timber business can be conducted without having such fire safety norms. It is only after we passed an order on earlier occasions that such fatal non-compliances have come to light.
7. We, accordingly, adjourn the proceedings to enable the Municipal Corporation to take appropriate steps, and also to enable the private respondents to comply with the fire safety norms.
8. We clarify that in the event, within fifteen days from today, if all the fire safety norms to the satisfaction of the Designated Officer of the Municipal Corporation are not complied by the private respondents, the Municipal Corporation is free to take further appropriate action, including coercive action as permitted under law, this more particularly as fire safety norms are serious issues affecting the public at large apart from the private respondents themselves, who have earlier suffered fire incidents twice.
9. Let an affidavit in regard to further compliances be placed on record by the private respondents as also by the Municipal Corporation on or before the adjourned date of the hearing.
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10. In the meantime, if any illegal construction as alleged to be undertaken by the petitioner, be also inspected by the concerned Officer of the MCGM and a report to that effect be placed on record of this petition on an affidavit of the designated Officer.
11. In the event any representative of the petitioners prevent such inspection, it shall be considered as breach of the orders passed by this Court.
12. Stand over to 12 June 2023.
[R. N. LADDHA, J.] [G. S. KULKARNI, J.]
BIPIN Digitally signed by BIPIN
DHARMENDER
DHARMENDER PRITHIANI
Date: 2023.04.21 16:24:33
PRITHIANI +0530
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