In the latest update on the Mumbai billboard collapse, BMC Commissioner and Administrator Bhushan Gagrani stated during a media briefing that the BMC had been aware of the unauthorized billboard in Ghatkopar for the past two years and had corresponded with relevant agencies regarding its illegality.
The tragic incident, which claimed the lives of 14(Death) individuals, underscores the urgency of the situation. Gagrani emphasized that regardless of land ownership, obtaining permissions from the BMC is mandatory under the law, which the agencies involved failed to secure.
The permission for the billboard was granted by the ACP (Admin) of the Government Railway Police, a state government entity. In response, the BMC has initiated measures to address all illegal and hazardous billboards throughout Mumbai. Gagrani also directed Assistant Commissioners to take decisive action against such infractions across the city.
The Permit:
The Owner:
As per Indian Express, The owner of Hoarding is already named in several Cases including Rape.
Red Flags Ignored : A complaint was filed on 28 August 2023,
The incident has highlighted the Rampant corruption within government departments.
Legal Aspects:
Bhavesh Bhinde (Owner) has been charged by the police at Pantnagar police station, Ghatkopar, Mumbai, under various sections of the Indian Penal Code, including
304 (culpable homicide not amounting to murder),
338 (negligence and causing hurt),
337 (endangering human life), and
34 (criminal act done by several persons with common intention).
What is Act of God?
The concept of Act of God, also known as Vis Major or Force Majeure, refers to unforeseeable circumstances beyond human control, which human prudence cannot anticipate.
When such events, considered calamities, occur, there is no obligation to bear the resulting consequences.
It serves as a defense in tort cases, absolving the defendant of liability when damage is caused by natural forces beyond their control. Acts of God typically involve extraordinary natural phenomena like heavy rainfall, storms, tempests, tides, or volcanic eruptions, resulting in unavoidable accidents.
Two essential criteria for invoking this defense are
the involvement of natural forces and the
extraordinary nature of the occurrence, which could not have been reasonably anticipated or prevented..
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