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Published on Apr View 1. The facts as set out in the charge sheet and emerged from the evidence and documents in brief are as follows: He along with Surat Singh and Arvind Singh rushed towards Parking Area where he noticed smoke in the transformer room. He informed telephonically to theFire Brigade. Team of DVB officials and fire brigade officials5arrived at the site, the fire was extinguished and repair in the transformer was conducted by Delhi Electric Supply Undertaking between After rectification of the fault, transformer was operated again.
The film was exhibited and during the show of 3 p. The vehicles parked in the parking area caught fire. Sudhir Kumar immediately requested Uphaar cinema management to inform the police as well as the fire brigade officials.
However, smoke had already spread in the cinema hall. A complaint was lodged by Sudhir Kumar, Security Guard in writing depicting the incident of morning as well as of 5 p.
It was alleged in the Written complaint of Sudhir Kumar thatDESU transformer was not properly repaired in the morning, hence the fire took place and without caring for the life and safety of the public, the management used the defective transformer and run away after fire took place. Due to such negligent action, many people died and for the said incident at 5 p.
Initially, investigation was under the control of Delhi Police and subsequently, the investigation was transferred to Crime Branch of Delhi. The facts arising from the investigation are: P Ltd vide Lease Deed The original plan for cinema building was submitted by R. For construction of cinema cum office building on the said plot of7land, the sanction was granted by Deputy Commissioner S vide Orders dated As per the Lease Deed dated After taking over the company by Ansals, a revised plan was submitted in which was sanctioned on The approved plan also provided for one auditorium having seats, two stair cases, etc on the first floor, mezannine floor, one store room, one sweeper room, one rewinding room, one rectifier room, one Projection Room, one passage, one toilet, one Inspection Room, two stair cases on the second floor, there was provision of seats, one staircase in the balcony and one store, one administrative office, two stair cases on the third floor.
License was9grantedsubjectto condition thatall buildings or otherregulations for observance at public amusement places imposed by municipal bye-laws or by any other law or by rules under any other law for the time being in force, shall be strictly complied with.
The licensee or some responsible person nominated by him in writing for the purpose shall be in general charge of the licensed premises and Cinematograph during the whole time where any such exhibition is in progress The Electrical Inspector was also to examine the Cinematograph and the Electrical equipment to be used in the building and report about the compliance of the rules and provisions of the Indian Electricity Act and the reasonable precautions to be taken to protect the spectators and employees from electric shock and to prevent the introduction of fire into the building through the use of electrical equipments.
The Electrical Inspector had also to report whether the prescribed fire extinguishing appliances have been provided are in working order and are suitable for the purpose for which they are intended.
In case any defect was found, the Licensing Authority may refuse to grant or renew the license Rule 21 1 of Cinematograph Rules, reads as under: Rule 24 of Delhi Cinematograph Rules, reads as under: The Attendants and all members of the staff employed in the building during an exhibition were supposed to carry electrical torches to use in emergency in the event of failure of the light Clause 7 of the First Schedule reads as under: It further provides that the exits and the gangways and passages leading to exits shall be kept clear of any obstruction other than rope barriers provided in accordance with sub-rule and in no case extra seats be placed in the gangways at the time of performances to block or reduce the width of the gangway Exits, the public portion of the building shall be provided with an adequate number of clearly indicated exits placed in such positions and so maintained as to afford the audience ample means of safe and speedy egress.
It is further provided that exits from the Auditorium shall be suitably spaced along with both sides and along the back thereof and shall deliver into two or more different thoroughfares or open space from which there are at all times free means of rapid dispersal. All exit doors and doors through which the public have to pass on the way to the open air shall be available for exit during the whole time that the public are in the building and during such time it should not be locked or bolted Vide letter dated Vide letters dated Kalucha, Assistant Engineer, Sh.
By way of the saidagreement, it was agreed to give space for installation of DESU transformer in the car parking area of the building to be used as substation,at Rs.
For installation of transformer in a complex, the rules laiddown in Indian Electricity Rules and rules laid down in IS: The following rules of Indian Electricityare particularly applicable: Fire separation walls are deemed to be adequate from fire-safety point of view, even if oil capacity of individual transformers do not exceed 2, litres, and total capacity of all transformers installed side by side exceeds 2, litres.
In making provision for isolation, due regard should be paid to the necessity for isolating all control, pilot and interlocking circuits, whether these are derived from the main source of supply or independently. If it is not practicable to carry out complete isolation with a single device, clear and concise instructions should be affixed to the apparatus in a permanent manner setting out the procedure to be adopted to secure complete isolation.
Tranportable Satcom Station
The level of the transformer base should be higher than fel highest floor and storm water level of that area. The minimum recommended spacing between the walls of the transformer periphery from the point of proper ventilation have been shown in Figure 2.
However, the actual spacing may be different than those given in Figure 2, depending on the circumstances, such as access to the accessories. The inlets should preferable be as near the floor as possible and the outlets as high as the building allows to enable the heated air to escape readily and d.lsg.493 replaced by cool air. In many installations, it may be advisable, for reasons of ease of maintenance to locate equipment centrally with cable galleries serving the purpose of cable galleries serving the purpose of cable trenches.
The cables, when arranged in a verticle plane, should run clear off the walls. Many types of special clamps for this purpose are now available. Where ddel large number of cables dell to be carried and it is not desirable for some reason to have a portion of the wall face covered with cables, these may be run in cable trays or racks and the spacing between them should be mm or more depending on the cable sizes.
The cables should be laid in a single layer and the routings should be preplanned so that cross-overs are kept to minimum. The trays may be made from suitable materials such as galvanized iron or aluminium sheets or expanded metal. The expanded metal affords better ventilation for the cable. In view of economy and compactness, control and power cables are laid in the same trench; care shall be taken to segregate them in separate racks, with the control cables effectively screened.
DC control cables, ac power circuits and instrument transformer circuits shall be segregated from one another. The cable trenches should be suitably sloped and arrangements should be made for draining them or preventing them from getting filled with water. Alternatively fire resisting barriers may be provided between transformers or sections of switchgear. In the yeara request was made by Sushil Ansal forinstallation of 14 seats in the room which was sanctioned as ”Inspection Room ” in the original building plan by Municipal Corporation of Delhi and with the permission of the authorities, the Inspection Room was converted into 14 seater box.
Licensing Authority at the relevant time. Sushil Ansal, Managing Director applied for renewal of the license and the license of Uphaar cinema was renewed by givingtemporary permits of two-two months.
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I have not without permission transferred the licensee or the licensed place or the Cinematograph not allowed to any other person during the year to exhibit film in the licensed place. I am still the occupier of the licensed premises and owner of the cinematograph ”.
Temporary Permits were used to be granted for the period In this letter it is mentioned ” In this way they have contravened the provisions contained in Clause 4 1 a and Clause 4 2 of Delhi Electricity Control Order, for which the supply is liable for disconnection under Clause 7 2 and b of the Order laid respectively We would like to refer to the discussion held with our representative Mr. A Notification was issued on As per this notification, there was sanction of additional seats out of in two verticalwhich 43 seats were to be added in balcony gangways and onenew gangway was to be introduced in the19middle in lieu of closure of two vertical gangways in the right side of the balcony.
Upahar Cinema Fire Accident Case-Delhi Trial court Judgement
This notification, however,did not allow the closure of exits. Such addition of 43 seats in the balcony closed the right hand side vertical gangway leading to the right hand side exit gate as well as the right hand side vertical gangway near the entry gate.
D Srivastava, Entertainment Tax Officer on 8. This installation of 8 seater box closed the right hand side exit of the balcony. An affidavit was also filed by accused Sushil Ansal on d.lgx.493 It was stated in the orders of Hon’ble High Court of Delhi that such of the additional seats which22comply substantially with the requirements of the Rules must be allowed to stay and it is only those seats which infringe upon the Rules which may have to be ordered to be removed by the Administration.
Therefore, revised plans were sought from the licensee of Uphaar Cinema. Revised seating plans was sent to Executive Engineer d.,gs.493 6. After amendment, Rule 14 1 of Delhi Cinematograph Rules stipulated ” The Electrical Inspector was also to examine theCinematograph and the Electrical equipment to be used in the building and report about the compliance of the requirements of c.lgs.493 and provisions of the Indian Electricity Act and the reasonable precautions to be taken to protect the spectators and employees from electric shock and to prevent the introduction of fire into the building through the use of electrical equipments The amended rules also required that the seating in the building shall be so arranged that there is free access to exits.
At least two longitudinal gangways shall directly be connected to the exit door and that there shall be atleast two staircases of width not less than 1. The amended Rules further stipulated ” The public portion of the building shall be provided with an adequate number of clearly indicated exits placed in such positions and so maintained as to afford the audience ample means of safe and speedy egress upon a public thoroughfare. Exits from the Auditorium shall be suitably spaced along with both sides and along the back thereof and shall deliver into two or more different thoroughfares or open space from which there are at all times free means of rapid dispersal.
All exit doors anddoors through which the public have to pass on the way in the open air shall be available for exit d.lgs.4493 the whole time the public are in the building Five gates were found bolted from inside during exhibition of film which was violation of Rule 12 8 dek First schedule of DCR, We, however, assure you that there was no intention to violate Para 12 8 of the First Schedule of Delhi Cinematograph Rules, We assure you that utmost precaution would be taken in future.
D.lgz.493 ordered for inspection of all cinema houses. Accordingly, Joint Team of competent authorities inspected Uphaar Cinema on different dates and structural and fire safety deviations were observed in Uphaar Cinema on which the license of Uphaar Cinema was suspended for a period of four days.
Against this order, the licensee obtained stay order on On account of said Stay Order, the temporary permits were issued and this practice continued till Theyshall not be housed on upper floors. Recommendations for providing first aid fire fighting arrangements in Public buildings 14.8.9 consultation with the CFO.
A satisfactory supply of water for the purpose dl.gs.493 fire fighting shall always be available in the form of underground static storage tank with capacity specified for each building by the local fire authority with arrangements of replenishment by town’s main or alternative course of supply 1, litres per minute.
Ltd requested for renewal of cinema license. In the Delhi Fire Prevention and Fire Safety Act cameinto force in which there was special provisions for fire safety needs. It empowers the Chief Fire 1.48.96 to enter and inspect any building, the construction of which was completed on or before the 6.
The permit of Uphaar Cinema was renewed upto