Mumbai, Dec 18 (TOI): Could the fatalities in Monday’s fire have been prevented? Nine years after the Maharashtra government proposed special fire safety rules for buildings, the law is yet to be enacted.

A public interest litigation filed by Mumbai-based advocate Abha Singh says that several disasters, including the Kamla Mills tragedy, could have been prevented if the government was proactive. The PIL is scheduled to come up before a division bench headed by Chief Justice Naresh Patil on Wednesday.

In the wake of the 26/11 attacks, the government had issued Draft Special Regulations for Building Vulnerable to Manmade Disasters in February 2009. Objections and suggestions were invited, but after that, the proposed rules have been gathering dust.

“The government has kept the draft regulations pending for nine years even though the law requires decision on a matter to be taken within 90 days. Timely enactment of these special regulations is a matter of public interest and right to life under Article 21. We have moved the high court seeking directions to enforce these draft regulations which already have statutory force under the Maharashtra Region Town Planning Act,” said advocate Aditya Pratap, counsel for Abha Singh.

According to the advocate, the rules had various requirements for buildings, including hospitals. These included special facilities being made in buildings for evacuation as well as separate entry and exit points, among other measures.

Following the Kamla Mills fire, the court had sought an audit of all restaurants in Mumbai. The high court had then pointed to shortcomings in the BMC’s fire safety audits.

“The situation on ground is very different. You may be conducting fire safety audits, but there are obviously shortcomings. That is the reason why incidents (like the Kamala Mills fire case) have happened. We are seeing the results,” the Bombay high court had observed.