The blaze at a bed and breakfast (B&B) in South Delhi’s Malviya Nagar that claimed at least 21 lives on Wednesday follows two other major fire tragedies in the Capital earlier this year: the Palam and the Vivek Vihar incidents. Even as a blame game has started — with the police, the civic body, tourism and fire departments pointing fingers at one another — the common people are questioning the authorities over alleged gaps and lapses.

According to the Delhi Police, The Flourish Stay had the permission to operate only six rooms under a B&B module. The owner, however, was allegedly operating 26 rooms.

Government departments are blaming the police and the Municipal Corporation of Delhi (MCD), saying it was their responsibility to pass the building plan and approvals for the restaurant; and to file reports on the guests staying at the B&B.

The MCD claimed it “had no role to play” as the B&B was a ‘Lal Dora’ property and thus exempt from municipal building norms. “All buildings falling under ‘Lal Dora’ areas and constructed before 2014 are protected… Therefore, MCD cannot take action against such buildings,” said a senior MCD official.

The Flourish Stay had a restaurant on the first floor and a kitchen in the basement.

The civic body said it was not aware of the restaurant at the B&B because the owner had only applied for a ‘Tatkal’ licence for a tea stall on the ground floor for which physical inspections are not mandatory.

According to a document, “The House, The Flourish Stay, located at H.No. 269-C-2, Hauz Rani, Malviya Nagar, is owned by Jay Mishra and was registered for six rooms (three rooms on the first floor and three rooms on the second floor) under the Silver Category of The National Capital Territory of Delhi (Incredible India) Bed & Breakfast Establishment (Registration and Regulation) Act, 2007, by the Department of Tourism, Government of NCT of Delhi.”

A senior official from the Delhi Tourism department told The Indian Express, “Under the BnB scheme, a licence is issued for three years, after which it is renewed on the owner’s request. The licence, issued in 2024, was valid till 2027. Before issuing the licence, a team comprising three to four officials/members from the Tourism department, DTTDC (Delhi Tourism and Transportation Development Corporation), Delhi Police and the Tourism Ministry conducts an inspection. Then a report is submitted.”

“As per the Bed and Breakfast Act, we are only required to check if the premises has rooms, beds, sofas, mattress, washroom, (maintains) proper hygiene etc. The Tourism department does not grant the fire NOC (No Objection Certificate), building plans and other permissions…,” the official said.

“The building had three rooms on one floor and three on the other. An approval was given for that. As per the rules, the owner of a B&B must reside in the building and can operate-only two-third of the total number of rooms, with a cap of up to six rooms…,” the official went on.

“Our records show that the police had submitted in writing that the family who applied for the B&B licence, was staying there since 2021,” the official, also highlighting that an owner is required to submit a report to the local police every 15 days on guests staying at the B&B. The official said it is the job of the police to keep track of guests to ensure illegal activities are not being carried out from the premises.

“The police are expected to maintain regular oversight of guest records and occupancy details,” said the official.

“The Tourism department plays a role at the time of licence renewal unless a complaint is received. As per the rules, the department can cancel a licence if any malpractice comes to light, and impose penalties on the owner for about three months,” said the official.

Officials, meanwhile, said that the Tourism department neither conducts regular inspections, nor is it required to do so as per the BnB Act.

Asked about the restaurant at the facility, the senior MCD official said, “You can apply for a Tatkal licence by paying a requisite amount … physical inspections are also not needed. This was introduced for the ease of doing business. So, the owner (of The Flourish Stay) must have got this licence by misrepresenting facts. The only inspection done was by the Tourism department. Besides, as it is a guest house-cum-BnB set-up, the MCD cannot interfere, especially when it is a Lal Dora property. Also, when foreign nationals were staying here, various regulations come into play and the police do have a role to play.”

According to officials, only 400-500 people who own houses in the Lal Dora area have applied for building plan sanctions and approval for fresh construction over the years. Officials said that houses that fall under Lal Dora area, built before 2014, come under a special provision act and the MCD gives permission for construction and sanctions building plans only when the owner demolishes the house and starts a fresh construction.
“Thus, largely, this is criminal negligence by the owner. The only permission he had taken was for a tea stall, but he was not running one. He was running a kitchen and a restaurant. We never went inside the premises, so we did not know anything,” the senior MCD official said.

Officials also said that the MCD Commissioner held a meeting with all the deputy commissioners. “We will definitely take necessary action against such establishments falling under our jurisdiction. Serious cognisance will be taken and action will be initiated against any such official found responsible. Buildings and restaurants violating norms will be sealed,” another official told The Indian Express.