The association, which had filed a civil writ before the court to claim adequate compensation for the kin of the 59 people killed and several injured in the Uphaar cinema fire tragedy in June 1997, contended that their claim was fully maintainable as the mishap occurred due to the ``criminal negligence'' of theatre owners and ``callous'' attitude of the authorities while checking safety measures.

Former additional solicitor general K T S Tulsi appearing for the association told a division bench comprising Chief Justice S N Variava and Justice S K Mahajan, that the concept of claiming compensation was an established principle of law in all advanced countries when such mishaps take place due to the negligence of peoplemaintaining them. However, former attorney general Ashok Desai representing Ansal Properties and Industries Ltd, which owns the Uphaar, said the correct remedy for the victim was to file a suit for damage as provided in the law. Tulsi cited several instances and the stages of alleged negligence by the owners and authorities ``closing their eyes'' on those, right from 1983 when an inspecting team pointed out these for the first time.

But Desai strongly refuted saying the theatre management had complied with every requirement under the provision of licence. Tulsi said the theatre owners had violated fire safety rules and cinematography laws and alleged the management and the authorities were ``hands in glove'' as violations went unchecked for years.