2017 Mumbai Kamala Mills Fire Case: Bombay HC Dismisses BMC’s Delayed Pleas To Reopen Illegal Construction Cases Over Years-Long Delay

Mumbai, April 4: The Bombay High Court has refused to entertain applications filed by the BMC seeking to revive long-pending appeals against orders quashing demolition notices for illegal structures. The BMC had sought to reopen the cases invoking the 2017 Kamala Mills fire incident, which claimed 14 lives and injured 55.

Flagging the belated move, the court held that such applications cannot be reopened years later merely on the basis of a subsequent incident.

Delay of several years not justified, says court

In a detailed order, Justice Jitendra Jain dismissed around 26 civil applications seeking condonation of delay ranging from over one year to nearly nine years.

The corporation had sought to challenge a 2009 City Civil Court order that had set aside a demolition notice issued under the provisions of the Mumbai Municipal Corporation Act.

The appeals were filed only in 2018 – resulting in delays of up to eight years and 230 days. The corporation argued that it became aware of these lapses only after the December 2017 Kamala Mills fire prompted a review of cases, revealing that several adverse orders had not been challenged due to “inaction by its officers”.

Court criticises internal lapses and accountability issues

Rejecting the explanation, the court held that “a subsequent event in another matter would not entitle a party to challenge an order after a period of 8 years and 230 days”.

It added that internal lapses, such as officers failing to inform superiors, cannot justify keeping litigation “hanging for an indefinite period over a party who had succeeded in the court”.

Terming the reasons “very shocking”, Justice Jain remarked that they “show more than what the eyes can meet”, and stressed that accountability could not be limited to a few officials.

“Only some officers cannot be made scapegoat and others go untouched,” the court observed, directing action against both errant officers and their superiors.

Disciplinary delays and directions from court

The court also expressed concern that disciplinary proceedings initiated in 2018 had still not concluded. Calling it a “very sorry state of affairs”, it directed the corporation to complete the inquiries within four months and submit a report detailing action taken.

At the same time, the court clarified that its refusal to condone the delay would not allow alleged illegalities to go unchecked. It granted liberty to the corporation to conduct fresh inspections and initiate action, if violations are found. “A fresh beginning can always be made in the larger interest of the safety of the society,” the court noted.

Kamala Mills tragedy cited, court stresses systemic accountability

The corporation had relied on the Kamala Mills tragedy, in which 14 people died, as a wake-up call. According to a civic report, the blaze began at Mojo’s Bistro after embers from illegal hookahs ignited combustible materials and spread to the adjacent 1Above. Blocked exits and alleged illegal structures led to patrons being trapped and dying of suffocation.

While referring to the incident, the court clarified it was not directly adjudicating on it, but emphasised the need for systemic accountability. It also said that if collusion between officials and private parties is found, appropriate – including criminal – action must follow.

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Expectations from new BMC leadership

Justice Jain also remarked that the Mumbaikars, citizens of the country’s commercial capital, have high hopes from the newly appointed BMC commissioner, Ashwini Bhide, and hoped that she “would live upto the expectations and not let citizens down but would make us all proud”.

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