Bailey Road Inferno: Rajuk finds gross violation of rules

The owner of Green Cozy Cottage on Bailey Road, where a deadly fire claimed 46 lives on February 29, had no approvals for commercial use of the property.

They didn't even procure an occupancy certificate. Moreover, while there was an emergency exit in the approved design, the owner did not build it.

The probe body of Rajdhani Unnayan Kartripakkha (Rajuk) -- headed by Rajuk member (development control) Mohammad Abdul Ahad -- revealed the findings in a report filed after a month-long investigation, submitted to Rajuk chairman on March 27.

Confirming the development, Ahad said, "We did not find any violation of rules for approving the building design."

He also claimed that there have been repeated violations of rules regarding use of the building.

"For instance, there was no permission to operate a restaurant in this building. We have already notified the higher authority," added Ahad.

According to the probe report, Rajuk conducted a mobile court on January 19, 2019, after the construction of Green Cozy Cottage to see whether it was constructed following guidelines.

At the time, the mobile court found some illegal portions of the building, that they immediately demolished.

"During the time of inspection, we did not find any fire exit. Then the owner was instructed to build a fire exit immediately, but it was not implemented even after the directives," Md Ashraful Islam, chief town planner of the Rajuk, also a member of the probe body, told this newspaper.

The Daily Star obtained a copy of probe report, which shows there was approval for commercial use from the ground floor to the fifth floor. Level six to eight was for residential use.

However, the committee did not find any evidence of residential use in the building.

Analysing the trade licence and other NOC (No Objection Certificates) letters of restaurants and businesses, found that only Gadget and Gear, Kacchi Bhai, Khana's, Hakka Dhaka, and Ambrosia Restaurant and Music Cafe took the required trade licences from Dhaka South City Corporation (DSCC).

While Kacchi Bhai took NOC from the Civil Surgeon's Office and Ambrosia from the Fire Service, the six other restaurants and businesses had no NOC or trade licence, reads the probe report.

The report further stated that the committee asked the building and restaurant owners and relevant people for a hearing on March 21 to find out the real cause of the fire, but none of them attended the hearing. As a result, there was no record or reply on their behalf.

Without taking any occupancy certificate, the owner has been using the building commercially since 2013.

The probe body recommended that all the authorities should check the occupancy certificate before issuing any NOC or trade licence to any business house or commercial institute.

Rajuk already issued several letters to these authorities suggesting a check of occupancy certificate.

The probe body thinks that the fire may not have broken out if the building owner had taken the occupancy certificate. Rajuk also recommended not supplying gas, water, and electricity if anyone did not take the occupancy certificate.

The restaurant owners designed the interiors using flammable materials. As a result, the intensity of the fire increased. Proper precautions were not in the use of cylinders.

According to fire safety rules, if regular fire drills took place, awareness would be increased and fire safety protocols would have been followed. Action can be taken against the building owners and restaurant owners under the existing law, the probe report added. 

Regarding the Rajuk recommendation, Mizanur Rahman, chief executive officer of DSCC, told The Daily Star, "We issued trade licence by applying our inspection manual."

"It would be better if an integrated system introduced for issuing NOC or trade licence then these type of complications will not arise," he added.