A bench of justices R M Borde and R G Ketkar yesterday ordered the setting up of a three-member independent committee, headed by a retired high court judge, to probe the December 29 fire at 1 Above and Mojos Bistro roof-top restaurants at the Kamala Mills compound.
The order came in response to a public interest litigation (PIL) petition filed by former top cop Julio Ribeiro, seeking a judicial inquiry into the case.
The detailed order was made available today.
"It is in fact institutional failure of the municipal corporation as well as the state excise department," the court said.
"Considering the scale of violations of rules and regulations, it cannot be visualised that those can occur without the knowledge of the local authority or without any connivance of civic body officials," it added.
The bench added that it went through the policy for roof-top restaurants submitted by the Brihanmumbai Municipal Corporation (BMC).
"However, we cannot be unmindful of the shocking incident, taking a toll of 14 lives and we are of the view that the policy adopted by the corporation (allowing such eateries) needs to be implemented with a lot of circumspection," the order said.
Apart from the owners of Kamala Mills and the two restaurants, a fire brigade officer has also been arrested in the case.
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