Professional Documents
Culture Documents
Equivalent Citation: II(2003)AC C 114, 2003AC J1631, 2003IIIAD(Delhi)321, 104(2003)DLT234, 2003(68)DRJ128, 2003RLR333
79. The Lieutenant Governor on receipt of this report disposed of the appeal by its order dated 24th March, 1984 and directed as under :-
"1. The appellant shall remove the objections mentioned at Sl.Nos..3,6,9 & 10 by 31.8.1984.
2. The appellant shall make an application to the concerned local body i.e. MCD for regularization/compounding of the objections
mentioned at Sl.Nos.2,4,8 & 11 within a period of seven days from the date of this order and the said local body shall dispose off
this application within a period of one month. Such objections which the local body is not willing to regularise, shall be removed
by the appellant by 31.8.1984.
3. The appellant shall report compliance of the directions at Sl.No.1 & 2 above to the Licensing Authority on or before 1st Sep.,
84.
4. The appellant shall also give an undertaking to the Licensing Authority, in the form and manner prescribed by it, that he shall
not again indulge in any of the violations that he has removed on his own or in terms of this orders.
In case any one of the directions is not complied with, the order dated 27.6.83 of the Licensing Authorities shall come into the
operation."
80. After the filing of the appeal before the Lieutenant Governor and in any case after the appeal against the order dated 27th June, 1983
was disposed of by the Lieutenant Governor, it appears to us that the writ petition filed by the licensee in the High Court challenging the
suspension of license by four days had become infructuous. However, no steps were taken by the licensing authority to move application
before the High Court informing it about the disposal of the appeal by the Lieutenant Governor and for modification/vacation of stay
1711 hrs.
Water tenders
4
1716 hrs.
Motor pump
1
1716 hrs.
Water bourse
1
1716 hrs.
Ambulance
1
1726 hrs.
Water tender
5
1726 hrs.
Motor pump
2
1726 hrs.
Ambulance
2
1726 hrs.
Hydraulic platform
2
1732 hrs.
Water tenders
7
1732 hrs.
It may be mentioned that times indicated are for dispatch of the equipment and not arrival of the equipment at the cinema hall.
That it is not correct to say that sirens and lights on almost all the fire tenders were inoperative. Every fire engine has got a brass
fire bell which is standard fitting. The brass bell is the mandatory/standard fitting of the fire engine. The sirens are fixed for
added advantage but they are not reliable, since due to water in the fire engine, the electric connection is liable to go out of
order. The first unit reached within 10-11 minutes and the delay of 15-20 minutes as indicated is baseless.
That it is wrong to assume that full strength protection of fire fighting only began at 6 p.m. In fact, the fire was brought under
control at 1820 hrs. after sustained fire fighting efforts.
That as indicated in the foregoing paras it is wrong to say that considerable delay in launching the operation in fire control was
caused due to location of underground tank not known to the fire officials. Incidentally ,the fire official Station Officer, Surinder
Dutt who also responded on first turnout was also involved in the inspection of cinema hall for issue of license and was aware of
the location of the tank but the tank had some encroachments, Therefore could not be used.
That there was no acute shortage of breathing apparatus sets and each fire engine carries breathing apparatus sets. The breathing
apparatus set can provide protection against smoke but not against extensive heat. The fire has to be brought under control and
the smoke/hot gases cooled down to bearable limits for using the breathing apparatus set. 5 nos. B.A. Sets were used by Delhi
Fire Service Officers and men to ventilate the hot gases and smoke and for initial rescue of the persons trapped near the balcony
area. The smoke extractor is not provided to each fireman. This equipment is part of the rescue tender which can be operated
using pressure hose lines. It was not possible to use this equipment under the conditions of extensive heat and smoke in the
balcony area and it was considered easier to ventilate staircases by breaking the ventilator glass panes.
That the rope ladders are not in use in any of the fire service in the world. The jumping cushion/net have also been found to be
useless and during the practical demonstration one fireman of Delhi Fire Service and one at National Fire Service College Nagpur
sustained grievous injuries even while jumping from height of about 6 meters. One such equipment is available with the fire
service but it is not possible to respond this on each and every call. The equipment can be sent on demand but the situation on
the fire incident was where both rescue as well as fire fighting were required to be conducted simultaneously, the priority was to
be given to fire fighting and smoke from the fire at stilt/ground level was feeding the staircases thereby completely blocking the
means of escape. Delhi Fire Service has taken the right action and saved many lives.
That it is incorrect to say that fire tenders arrived on the sport for extinguishing the fire caused by electric transformer with water
instead of foam or other suitable extinguishers. Foam or other type of extinguishers are not used by any fire service. The fire
extinguishers are only useful in the incipient stages when the fire is very small. When the fire becomes big, this cannot be
extinguished by user of fire extinguishers. It may also be pointed out that each fire engine carries a foam making branch and
foam drums concentrate for fighting oil fires, if required. However, it may be clarified that the flash point being very high
transformer oil fire is normally extinguished by using water spray. The water spray system is standard accepted extinguishing
media on the electric transformers containing oil all over the world. Moreover, foam is useful only on a two dimension fire and
not three dimension fire like transformers and cars etc.
That Delhi Fire Service has taken possible action to extinguish fire and rescued the persons who were trapped on the upper
floors. It is further opined that perhaps things would not have happened in the manner it has if the information of the incident
was given to fire service immediately after the fire broke out. It is a known fact that the dimension of the fire increased in
geometric proportion due to delay. The situation perhaps would not have become so bad if the information to the fire service was
communicated immediately after the outbreak of fire i.e., around 5 p.m. Which is estimated time of outbreak of fire as per the
report."
86. Though some of the witnesses in their statement before the Naresh Kumar Enquiry Committee had stated that the first PCR van had
reached the spot at 5.25 p.m. and the first fire fighting vehicle reached the spot at 5.35 p.m. and that the report about the fire was made
to the fire brigade at 5.00 p.m., however, we do not find any reason to disbelieve the log book produced on record by the Delhi Fire
Service. We are also of the view that there may be shortcomings in the equipments provided to the Delhi Fire Service by the Government,
however, the staff of the Delhi Fire Service with the available infrastructure had performed their duty commendably and satisfactorily. The
question as to whether the fire fighting staff should have concentrated first in rescue work and then in fighting the fire, is not for this
Court to decide. We are not experts in the subject. It is entirely for the fire fighting staff to decide in a situation as to how they have to
meet with the same and we do not want to comment upon the same. In the present case, we do not find any deficiency in the
performance of their duty by the staff of the Delhi Fire Service, however, with a view to make it more efficient with a view to meet the