The Bombay High Court at Goa on Monday held that the Goa government cannot avoid responsibility for compensating those affected by the Arpora nightclub fire [High Court on its own motion v. State of Goa & Ors].
A Division Bench of Justices Suman Shyam and Amit Jamsandekar observed that the mishap reflected a clear violation of the fundamental rights of the workers.
Therefore, both the government and the club's owners were responsible for compensating those affected by the tragedy, the Court opined.
The Court was hearing a suo motu public interest litigation (PIL) arising from the December 2025 fire at Birch by Romeo Lane, a nightclub in Arpora, where around 25 people were killed and several others injured after a late-night blaze in an underground kitchen.
Inquiries revealed that the club was operating from an illegal structure without a construction licence, town and country planning clearance or proper fire safety permissions.
During Monday’s hearing, the Court stated at the outset that its priority was the compensation to be awarded to families of workmen who died in the basement of an obviously unauthorised structure.
“It is a clear case of violation of the fundamental rights of these workers. Now, of course, the owner has liability but the State also has liability," the Bench underscored.
The judges clarified that they did not intend to make this proceeding too cumbersome and that the Court would instead focus on three broad areas:
- identifying those responsible,
- compensating victims, and
- putting in place stringent measures to ensure such mishaps do not re-occur.
The Court reiterated that it was important to compensate families who lost their kin in the fire. It acknowledged that one component of such compensation would arise under the Workmen’s Compensation Act. However, it added that the State was required to give compensation as well.
In response to a query from the Bench on whether any ex gratia compensation had been paid, counsel appearing for a workmen's body said,
“We have of our own accord given two lakhs ad hoc basis. 20 of my workmen who died in the basement. Those proceedings are going on under the Workmen’s Compensation Act.”
The government's lawyer Advocate General Devidas Pangam sought time to verify details of any government payments.
When the matter was heard on February 4, the Court had indicated that it may order the attachment of the nightclub owners' property and the property of the village sarpanch, if needed, to ensure that compensation is paid.
“A loud and clear message needs to go,” it had said.
Today, the Court recorded that the secretary and Sarpanch of the concerned panchayat are in custody.
It directed all village panchayats to file affidavits disclosing the number of licenses, number of construction permissions, trade licenses and NOCs issued over the last five years.
The PIL will next be taken up on February 24, 2026.