Says clear case of violation of fundamental rights of victims
PANAJI
In a sharp rebuke to the administration, the High Court of Bombay at Goa on Monday observed that the State could not evade responsibility to compensate the 25 victims, including 21 workers who died in the Arpora nightclub fire.
The Division Bench of Justice Suman Shyam and Justice Amit Jamsandekar held that both the State and the owners of Birch by Romeo Lane were liable to compensate the families of those killed in the blaze, which broke out in the underground/basement kitchen.
“It is a clear case of violation of the fundamental rights of these victims including the workers. Now, of course, the owner has liability, but the State also has liability,” the Bench said, making it clear that inaction in permitting an illegal structure to function would not go unquestioned.
The court said its focus would be threefold: fixing responsibility, ensuring compensation, and putting in place safeguards to prevent a recurrence.
At the outset, the Bench emphasised compensation for the families of workmen who died in the basement of what it termed an obviously unauthorised structure.
It noted that while proceedings under the Workmen’s Compensation Act were underway, the State had an independent obligation to pay compensation. The government had earlier announced Rs 5 lakh for each of the 25 deceased victims’ families and Rs 50,000 for the injured.
On being asked about ex gratia payments, counsel representing a workmen’s body submitted, “We have of our own accord given two lakhs on an ad hoc basis. Twenty of my workmen died in the basement. Those proceedings are going on under the Workmen’s Compensation Act.”
Advocate General Devidas Pangam sought time to ascertain details of any government disbursal to which the Bench remarked that two months had already passed since the incident.
“Unless all of you give a proper perspective, it will be difficult for us to pass an order,” the court observed.
The Bench granted four weeks to the accused brothers, Saurabh and Gaurav Luthra, to file their replies. The matter has been listed on February 24 for ex gratia compensation, if not already paid.
Earlier, on February 4, the Court had indicated that it may order the attachment of the nightclub owners' property and the property of the ex-village sarpanch, if needed, to ensure that compensation is paid.
