Allegations regarding additional seats, doors and gangways

1. Initially there were 250 seats sanctioned in the Balcony.  In the year 1976 a notification dt. 30.9.1976 was issued by Delhi Government increasing the number of seats in the Balcony.   The management of Uphaar increased the seats in the Balcony strictly in compliance of the said notification
2. In the year 1979 another Notification was issued by the Delhi Government withdrawing the earlier Notification dt. 30.09.1976 and the additional seats were asked to be removed.  The said notification of 1979 was challenged by the Association of Cinema Owners in the Delhi High Court.  While disposing of the petition the  Hon’ble Delhi High Court directed the competent authorities to inspect the cinema halls and ensure substantial compliance of the Cinematograph Rules before allowing addition of the seats.  Accordingly, out of 43 seats only 37 seats were allowed by the authorities to be retained in Uphaar Cinema in substantial compliance of the rules.  Thereafter, vide order dt. 04.10.1980 15 more seats were allowed by the authorities to be added in the Balcony.  Thus the total number of seats duly sanctioned for the balcony came to 302 in number.  On the date of incident i.e. 13.06.1997 only 302 seats were existing in the balcony, which were duly sanctioned.
3. So far as 8-Seater Box and 14-Seater Box are concerned, both these boxes are duly sanctioned by the authorities.  This fact is also borne out and established from the statement of the Investigating Officer Mr. R.S. Khatri
4. So far as the allegations regarding seats, gangways and exit doors are concerned, there is no violation and each and every seat, door and gangway is duly sanctioned and in accordance with the DCR, 1953.  Not only this the width of the gangway and the door is found to be more than as required under the rules as such for ingress and egress of the patrons more than sufficient space was provided in the balcony
5. It is significant to notice that all the patrons came out of the Balcony where the deviations, addition of seats, closing of gangways and doors are alleged.  Had these deviations etc. contributed anything for the incident, the deaths ought to have been caused in the balcony itself.  Since the smoke kept on rising gradually as such when its gravity was less, the patrons managed to escape and as soon as the gravity increased, they were stuck up outside the balcony as they could not move forward penetrating the same and died due to suffocation