2003 (4) TMI 594 - HC - Indian Laws

Summary

Issues Involved:
1. Cause and circumstances leading to the fire.
2. Compliance with statutory clearances/NOCs/licenses.
3. Measures for preventing future incidents.
4. Compensation for victims and punitive damages.

Detailed Analysis:

1. Cause and Circumstances Leading to the Fire:
The fire at Uphaar Cinema in Delhi on June 13, 1997, was caused by a malfunction in the Delhi Vidyut Board (DVB) transformer. The transformer experienced sparking and subsequent oil leakage, leading to a fire. The fire spread to the parking area where cars were parked, causing further smoke and flames. The smoke traveled through the building, reaching the balcony area, resulting in the deaths of 59 people and injuries to 103 others due to asphyxiation.

2. Compliance with Statutory Clearances/NOCs/Licenses:
The cinema had several deviations from the approved building plans and statutory norms:
- The right side gangway and exit were closed, and additional seats were added, violating the Delhi Cinematograph Rules.
- A 3-feet parapet wall was raised to the ceiling level without proper ventilation, contributing to the spread of smoke.
- The DVB transformer was installed and maintained in violation of Indian Electricity Rules, lacking proper earthing, relays, and maintenance records.
- The Municipal Corporation of Delhi (MCD) and the licensing authority failed to ensure compliance with safety standards.

3. Measures for Preventing Future Incidents:
The court recommended several measures to prevent such incidents in the future:
- Proper ventilation and fire-resistant materials in buildings.
- Regular inspections and strict enforcement of safety norms by a specialized multidisciplinary body.
- Establishment of a Central Accident Trauma Service (CATS) to provide timely medical assistance.
- Public liability insurance for buildings where large numbers of people gather.
- Upgradation of fire service equipment and training for emergency response.

4. Compensation for Victims and Punitive Damages:
The court held the cinema owners, DVB, MCD, and the licensing authority jointly and severally liable for compensation:
- Compensation of Rs. 18,00,000 for each deceased adult and Rs. 15,00,000 for each deceased child.
- Rs. 1,00,000 for each injured person.
- Punitive damages of Rs. 2,50,00,000 against the cinema owners for unauthorized additional seats.
- Interest at the rate of 9% per annum from the date of filing the petition.

Conclusion:
The court emphasized the need for strict adherence to safety norms and the establishment of a centralized trauma service to handle emergencies. The judgment highlighted the negligence of the cinema owners, DVB, MCD, and the licensing authority in ensuring public safety, leading to the tragic incident. The court's recommendations aim to prevent future occurrences and ensure timely assistance to victims.