Gutted resto-bars were served several notices

The two resto-bars that were gutted on Thursday night, killing 14 people, were operating freely despite having flouted licence conditions. Both 1Above and Mojo’s Bistro were served several notices this year for unauthorised construction of shed and using the open space in front of their premises.

TOI is in possession of all the notices issued to the two resto-bars by BMC’s G South ward office. To start with, 1Above owners and occupiers were, on May 31, served a notice under Section 351 of the Mumbai Municipal Corporation Act (MMC) 1888 for executing certain works and changing the existing use of the premises without BMC permission. The notice was for building a partition wall to make two rooms and using asbestos sheets. On June 16, another notice was issued for failing to submit a proof that the structure was authorised. Therefore, it was concluded by the BMC that the structure was unauthorised.

Mojo’s was also served notices under Section 351 of MMC Act on May 31 and June 16 for similar violations, after which BMC concluded the structure was unauthorized.


Less than 20 days later, the BMC, on July 4, issued notices to both under Section 55 of Maharashtra Regional and Town Planning Act (MRTP) 1966 for unauthorised constructions and warning of demolition. Then on September 18, notices were issued to both restobars under Section 394 of MMC Act for violating licence conditions. They were found using front open space and allowing smoking.

Assistant municipal commissioner (G-south) Prashant Sakpale, who was transferred to another ward after the fire, said 1Above was granted licence last year. “While the authorised area was 1800 sq feet, it was found using the open terrace area that it wasn’t authorised to use. Later we did prosecute them and in October, seizure action was initiated,” he said.

Soon after the tragedy, police booked three partners and manager of 1Above for negligence, culpable homicide and causing death. However, 1Above has issued a statement saying “all its fire safety regulations, licences, procedures and norms (are) in place.” It also claimed that the fire broke out in the adjacent restobar. The statement said, “The facts of the incident, as seen by our staff, indicate a rising fire that began to emanate from the adjoining quarters to 1Above. We presume the unmanageable nature at the preliminary source of the fire resulted in its escalation to our property where all owners, staff and restaurant management from 1Above engaged immediately in clearing the crowd from the establishment. There was no escape from Mojo’s Bistro therefore we believe that all their guests were told go through the premises of 1Above as we have an emergency exit. Hence patrons from Mojo's Bistro also began to rush into our premises as we helped the Fire Brigade that had arrived at the scene to evacuate guests.”

In its statement, Mojo’s Bistro said, “Mojo’s has all its fire safety norms, certificates, and procedures in place. The staff are thoroughly trained in fire drills hence our staff was able to evacuate all our guests and themselves out to safety with zero injuries.”