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Act on fire department reports, remove illegal constructions: HC to Lucknow DM, police commissioner
The Lucknow bench of the Allahabad high court had earlier taken suo motu cognizance of September 5 fire incident in Hotel Levana Suites in which four people died in the state capital. The court has listed the case for the next hearing on December 7.
The Lucknow bench of the Allahabad high court has directed the Lucknow district magistrate and the police commissioner to take action on reports of the chief fire officer or his office for the removal of illegal constructions under section 133 of the CrPC (Criminal Procedure Code).
Section 133 of the CrPC specifies the removal of any unlawful obstruction or nuisance from a public place or from any other place, including river or channel, which is to be lawfully used.
The Lucknow bench of the Allahabad high court had earlier taken suo motu cognizance of September 5 fire incident in Hotel Levana Suites in which four people died in the state capital. The court has listed the case for the next hearing on December 7.
A division bench of Justice Devendra Kumar Upadhyay and Justice Saurabh Srivastava on Thursday observed: “District magistrate/Lucknow police commissioner, Lucknow, are directed to ensure that on reports sent by the chief fire officer or his office for initiating proceedings under Section 133 Cr.P.C., proceedings are carried out to their logical end for taking adequate measures to remove the nuisance.”
“The affidavit to be filed by the district magistrate/police commissioner, Lucknow, by the next date of listing shall indicate action which might be taken in this regard during this period,” the court said.
The court also directed the district government counsel (criminal), Lucknow, to ensure that pending cases before the court concerned under Section 11 of Fire Prevention and Fire Safety Act, 2005, are conducted effectively.
In its affidavit, the fire department informed the high court that 20 cases related to fire safety norms were pending in the district court.
NOTICES TO BUILDING OWNERS
On inspection, 95 buildings were found to be lacking fire safety measures and accordingly notices have been issued to their owners/occupiers under Section 3/4/5/6 of Fire Prevention and Fire Safety Act, 2005. They have to reply within 30 days.
The chief fire officer, who was present in court, said appropriate action will be taken after expiry of the notice period.
COMPENSATION
The high court had asked the state government about measures taken for compensating legal heirs of those who lost their lives or sustained injuries in fire incidents in the last five years in Lucknow.
In the affidavit filed by the secretary (Home), the court was informed that certain amount was paid to victims/kin of those who died or injured in two such incidents under the State Disaster Risk Management Fund.
The court observed that the amount paid under the State Disaster Risk Management Fund was only an interim relief and cannot be termed as compensation.
The court directed the state government to file a better affidavit mentioning steps taken, or to be taken, for compensating those injured or kin of deceased in fire incidents in the state capital in the last five years.
LDA ASKED TO GIVE DETAILS
The Lucknow Development Authority (LDA), while filing an affidavit in terms of this order, must also indicate details of statutory or executive mechanisms available for ensuring fire safety measures to be taken before and after construction of buildings.
The court directed commissioner, UP Awas Vikas Parishad to file an affidavit based on similar survey, as conducted by the LDA, in respect of properties falling within its jurisdiction.
