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Synopsis

The Bombay High Court has declined to dismiss an FIR filed against civic officers who were implicated following the tragic demise of five labourers in the collapse of a century-old building.

The division bench of the High Court at Nagpur presided over by Justice Vinay Joshi and Justice MW Chandwani, addressed a petition lodged by the owner of the two floors and two civic officers of the Amravati Municipal Corporation seeking to quash the FIR lodged against them.

The trio faced charges by the police under Sections 304A (causing death by negligence) and 308 (attempt to commit culpable homicide) of the Indian Penal Code.

The civic officials had issued multiple notices to the structure's owners since 2019, emphasizing the dire state of dilapidation that necessitated immediate demolition.

The owner of the two floors demolished the two levels in July 2022. However, several shops on the ground floor were still pending demolition.

Subsequently, when one of the shop owners commenced repair work in his shop, the building collapsed, resulting in the death of five labourers. Consequently, an FIR was filed against the shop owner.

The three individuals who initially sought the high court's intervention to quash the FIR found themselves later accused. In response, they argued before the high court, asserting that they had no involvement in the building's collapse.

In its order, the division bench highlighted that the Maharashtra Municipal Corporation Act grants civic officers the authority to forcibly evacuate occupants. The bench observed that the enforcement of laws is crucial, emphasizing that the failure to do so can only lead to complete lawlessness.

“The statues itself vests variety of powers and provide mechanism for enforcing the obligation. The Authorities are empowered to take all forcible measures against such occupants as permissible in law. Section 268 empowers the Authority to forcibly vacate the building in certain circumstances. The plain, duty and obligation is to ensure that dangerous structures which are in ruinous state or likely to fall down are removed if they are in municipal limites. If the laws are not enforced, the result can only be total lawlessness.,” the order states.

The high court refused to quash the FIR against the three of them while expressing deep pain as to how no bothered about human life.

“We express our deep pain as to how no one is bothering about human life. When the structure is dangerous strict enforcement of the provisions of law is expected from every quarter. Instances are not few that despite vesting of vast powers, strict forcible measures have not been taken resulting into loss of lives. We may bent upon to think that violation of laws cannot take place without the active connivance. Nebulous approach to such important facets touching to the lives of the citizens is a matter of concern,” the order reads.

The bench acknowledged the prima facie case against all three individuals, warranting their trial. Consequently, the court expressed its disinclination to exercise its extraordinary powers to stifle the prosecution.

However, the bench extended interim protection from arrest to the three individuals for a duration of four weeks, allowing them time to appeal against the high court's order.

Case title: Rahul Jain vs State of Maharashtra