Lucknow fire: 10 years ago, building escaped demolition as owner claimed he wasn’t heard

An application submitted a decade ago by the owner of the Aliganj building that caught fire on Monday, killing 15 people, led to the revocation of a demolition order issued over unauthorised construction, The Indian Express has learnt. The owner, in the application, claimed he had not been given an opportunity to present his case before the demolition decision was taken.

Sources told The Indian Express that the order withdrawing the demolition proceedings was passed “by the same officer” who had originally ordered the demolition.

Speaking to The Indian Express, Lucknow Development Authority (LDA) Vice-Chairman Prathmesh Kumar said a 15-day demolition notice has been issued. He said the officer who had issued a demolition notice a decade ago but later revoked it would also face action, and that the LDA has recommended to the state government that appropriate disciplinary proceedings be initiated against him.

The three-storey commercial building had a pet shop and clinic in the basement, ground and first floors, while the second floor, which bore the brunt of the blaze, housed Head Hopper Studios, a company involved in 3D art production and game development. Most of the victims worked there.

Rescue personnel douse the flames at the site in Lucknow’s Aliganj on Monday. (Express photo by Vishal Srivastav)

Officials said the 1,992 sq ft plot in Sector D of the Aliganj Scheme was originally allotted under the LDA’s hire-purchase scheme through a lottery on July 11, 1980. Following execution of the agreement in November 1980, possession of the property was handed over to the allottee.

The property was later registered in the names of the allottee and his wife through a sale deed in 2005. On January 19, 2013, the couple sold the property to Virendra Pratap Shukla and Surendra Pratap Shukla, after which the LDA carried out mutation in their favour on August 7, 2014. Virendra is among those arrested.

Senior officials said approval for a residential building plan was granted on August 20, 2014, under the authority’s self-certification scheme, under which the building owner submitted an affidavit, along with the building plan, to use it as a “residential building”.

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However, in 2016, the LDA found that it was being used for commercial purposes and construction beyond residential use was carried out, and registered a case against Virendra.

Rescue personnel had to make two big holes in an adjoining building to enter the structure that was engulfed in flames. (ANI)

Sources said following this finding, the building was issued a “demolition notice for the unpermitted portion” on May 10, 2016. However, within two months, the notice was revoked citing a reason that the “owner had made an appeal that he was not heard before giving such notice”. Records show that the demolition order was set aside on July 5, 2016.

Officials said the LDA is looking into all records since the notice was revoked and has summoned engineers and officials who were in charge at that time, inquiring why no action was taken despite the fact that the building continued its “commercial use” on a “residential permit”.

LDA V-C Kumar confirmed that the building approval was for “residential” use.

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According to a senior LDA official, “Prima facie, we came to know that the demolition order was withdrawn on the basis of the owner’s representation that he was not heard before the order was passed. The order was revoked by the same officer who had issued the notice in the first place. The circumstances under which the order was revoked are now part of the inquiry.”

Yogi Adityanath inspects the site of the tragedy, on Monday. (ANI)

Asked why no action was taken even though the building did not have a No Objection Certificate (NOC) and lacked fire-safety measures, a senior official told The Indian Express that the building owner cited a “technical ground” — that the building was 12 metres tall (ground plus three floors), which, as per building bylaws, did not require a fire NOC.

The official added that the building was recorded in LDA records as residential. The owner did not approach the local fire station or the Chief Fire Officer’s office for clearance in the 13 years since the premises began being used for commercial activity, the official added.

The officials said the Indira Nagar fire station officer, along with officials from the power department and LDA engineers, who were suspended, were found guilty of ignoring a building being used for commercial activity that was not properly reflected in official records, and for failing to initiate any audit of the premises.

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A rescue personnel holds a cat that was injured in the fire. (PTI)

Following the fire, the UP government Tuesday directed district administrations to launch a special drive against unregistered coaching institutes and conduct safety audits of all registered centres. Higher Education Minister Yogendra Upadhyay said all District Magistrates have been instructed to carry out a comprehensive survey of coaching institutes operating in their respective districts and prepare a list.

The inspections will cover building safety, fire-fighting arrangements, electrical safety and other essential facilities available for students. “Student safety and quality education cannot be compromised. The government is committed to ensuring discipline, transparency and accountability in the education sector,” Upadhyay said.

The Special Investigation Team (SIT), constituted on the directions of Chief Minister Yogi Adityanath, also conducted a detailed inspection of the gutted building and spoke with injured victims undergoing treatment at KGMU.

So far, four persons have been arrested in connection with the incident, while four officials have been suspended.