Delhi B&B Fire: A Criminal Investigation Unfolds
NEW DELHI: The devastating fire at Flourish Stay B&B in south Delhi's Malviya Nagar, which claimed at least 21 lives, is set to trigger a rigorous criminal investigation reminiscent of the 2022 Mundka fire tragedy. In that case, Delhi Police invoked culpable homicide charges against the building owners. This time, an FIR has already been registered, and the owner is currently absconding.
The Violations at Flourish Stay B&B
Flourish Stay B&B was registered under the Delhi government's Bed and Breakfast scheme, which permitted it to operate only six rooms. However, investigations reveal that the establishment was running 25 rooms, including those in the basement. The building, comprising a basement, ground floor, and five upper floors, had only a single entry and exit point. Furthermore, it was operating without a mandatory fire No Objection Certificate (NOC). The Lemon Green restaurant occupied the ground floor, while the rest of the building functioned as a hotel.
Victims and Injuries
Most of the 21 deceased were foreign nationals from Central Asia and Africa, who were medical tourists staying near Max Hospital in Saket. At least 26 individuals remain critically injured, fighting for their lives in nearby hospitals.
Legal Action and Investigation
Delhi Police have registered an FIR under relevant provisions of the Bharatiya Nyaya Sanhita (BNS), dealing with culpable homicide not amounting to murder and negligent conduct. The owner, identified as Lokesh Bajaj, is absconding, and efforts are underway to apprehend him.
Satya Sharma, chairperson of the Municipal Corporation of Delhi's standing committee, confirmed that orders for a thorough investigation have been issued. "How old is the building, who is the owner — all these details are being collected. Action will be taken against all those responsible for negligence," she stated.
Parallels with the Mundka Fire
In the 2022 Mundka fire, which killed 27 people, Delhi Police booked the owners under culpable homicide, alleging they were aware of serious fire safety violations but continued operations regardless. The Malviya Nagar case presents an almost identical scenario: unauthorised construction, no fire clearance, a single exit, and mass casualties.
Legal Framework: Culpable Homicide Not Amounting to Murder
Culpable homicide not amounting to murder, under Section 105 of the BNS, requires establishing that the accused knew their actions were likely to cause death, even without an intention to kill. Running an overcrowded, illegally modified building without fire clearances, where guests had no escape route, provides a strong foundation for such a charge.
Vivek Narayan Sharma, Senior Counsel and Constitutional Expert at the Supreme Court of India, commented on the legal road ahead: "If the allegations presently emerging from the investigation are found to be correct, this case appears to transcend the realm of mere negligence and enter the domain of criminal culpability under Section 105 of the BNS. Operating a premises allegedly permitted for six rooms, as a 25-room establishment, including basement occupancy, without a valid fire NOC and other statutory permissions and with only a single exit route, points towards a conscious disregard of known safety risks."
Focus of the Investigation
The investigation will likely focus on whether the establishment had a valid eating house licence, a functional fire NOC, and whether occupancy limits were violated. Investigators will scrutinise building sanction plans, fire NOC validity records, inspection reports, and any prior notices issued for violations. If authorities find that notices were issued but never enforced, questions will arise over administrative negligence as well.
Sharma further added, "Equally important is the examination of regulatory oversight. If violations existed for a prolonged period despite inspections, complaints or official records, questions of administrative accountability will inevitably arise. The tragedy also exposes repeated systemic concerns regarding the monitoring of hotels, guest houses and hospitality establishments operating beyond sanctioned limits."
"The law distinguishes between an unforeseen accident and a disaster that becomes foreseeable because repeated safety norms are knowingly ignored. If the prosecution establishes prior knowledge of the risks and continued operation despite those risks, criminal liability may extend far beyond ordinary negligence," he further explained.
Another Violation Nearby: Green Residency
Green Residency, located just 100 metres from the fire site, was found to be running 28 rooms on a six-room permit. Its fire NOC is also under the scanner. Both establishments were openly listed on online travel platforms, raising questions about how regulatory agencies failed to act for years, and whether online travel aggregators bear any due diligence responsibility.
