Building Collapse Case: Criminal Liability of Stakeholders in Fatal Construction Mishap. The Bombay High Court addresses the criminal responsibility of stakeholders in the 2020 collapse of the "Tariq Garden" building, leading to multiple casualties.


CASE NOTE & SUMMARY

The collapse of a multi-story building known as "Tariq Garden" in Mahad, Raigad, Maharashtra, leading to the tragic deaths of 16 individuals and several injuries. The accused, including contractors, developers, engineers, and other stakeholders, faced charges of culpable homicide, forgery, and conspiracy due to allegations of using substandard construction materials, neglect in following safety protocols, and other negligent actions that directly contributed to the collapse.

The court examined the extent of involvement of each accused, the contracts governing their roles, and the technical reports on the building's structural failure. Special attention was given to allegations of poor supervision, unauthorized construction beyond the sanctioned floors, and failure to act on known defects, which ultimately led to the fatalities.

  1. Incident:
    On August 24, 2020, the "Tariq Garden" building in Mahad collapsed, killing 16 people and injuring others.

  2. Accused:
    The accused included Yunus Razzak Shaikh (son of the landowner), Bahubali Dhamane (RCC Consultant), Irfan Husain Qazi (developer’s cousin), and others involved in the construction process.

  3. Allegations:

    • The building, constructed in 2014, collapsed due to poor-quality materials and structural defects.
    • Accused individuals were involved in planning, overseeing, and executing the construction.
    • The collapse was allegedly due to unauthorized construction of extra floors, negligent supervision, and failure to adhere to building norms.
  4. Charges:

    • The accused were charged under various sections of the IPC, including Section 304 (Culpable Homicide), 420 (Cheating), 465, 467, and 468 (Forgery), 120-B (Criminal Conspiracy), and Sections 337, 338 (Causing hurt by act endangering life).
  5. Defense:
    The accused argued there was no direct contractual or supervisory role between them and the construction, challenging their culpability based on lack of evidence showing professional commitment or active involvement.

  6. Expert Findings:
    Reports from Veermata Jijabai Technological Institute (VJTI) confirmed the use of substandard materials and improper construction practices, supporting the charges.


Acts and Sections Discussed:

  1. Section 304 IPC – Culpable homicide not amounting to murder.
  2. Sections 337, 338 IPC – Causing hurt and grievous hurt by endangering human life.
  3. Sections 465, 467, 468 IPC – Forgery related to official documents.
  4. Section 420 IPC – Cheating and dishonestly inducing delivery of property.
  5. Section 120-B IPC – Criminal conspiracy.

Ratio Decidendi: The court emphasized that the safety of public constructions is of paramount importance. Negligence and omission of duties by individuals responsible for ensuring structural integrity and safety standards cannot be ignored, especially when it results in significant loss of life.

Citation: 2024 LawText (BOM) (6) 1302

Case Number: CRIMINAL REVISION APPLICATION NO.107 OF 2023 WITH CRIMINAL REVISION APPLICATION NO.66 OF 2023 WITH CRIMINAL REVISION APPLICATION NO.144 OF 2024

Date of Decision: 2024-06-13

Case Title: Yunus Razzak Shaikh Versus The State of Maharashtra & Ors.

Before Judge: S. M. MODAK, J.

Advocate(s): Mr.Abid Mulani i/b. Mr.Ashish P. Agarkar: Advocates for Applicant. Mr.Amin Solkar – Special Public Prosecutor a/w Mr.Umang Shah: Advocates for Respondent-State. Mr.A.D.Kamkhedkar: APP for State. Mr.Majeed Memon a/w Mr.Tapish Jain, Mr.Mateen Qureshi i/b. Mr.Kishan Chaudhari: Advocates for Applicant. Mr.Amin Solkar – Special Public Prosecutor a/w Mr.Umang Shah: Advocates for Respondent-State. Mr.A.D.Kamkhedkar: APP for State. Mr.S.M.M.Owais T. Jahagirdar a/w Mr.Sultan Khan: Advocates for Applicant. Mr.Amin Solkar – Special Public Prosecutor a/w Mr.Umang Shah: Advocates for Respondent-State. Mr.A.D.Kamkhedkar: APP for State.

Appellant: Yunus Razzak Shaikh

Respondent: The State of Maharashtra & Ors.