Despite notices, TupTup Resort was not closed, it did shut after losing 10 lives

The Department of Environment had warned that the (Tup Tup) resort must be closed. For failing to comply with the directive, it was also fined Tk 1 lakh. Fire Service also inspected and said the bamboo-and-wooden structure was risky. There was no fire safety certificate and no necessary equipment to extinguish a fire. Building construction had not received approval from the Cox's Bazar Development Authority (CoxDA). But despite all these irregularities, TupTup Restro and Resort, next to the Patuartek beach in Inani of Ukhiya, Cox's Bazar, remained open for tourists.

Despite the closure notice, fine, and warnings, the tourism business that was running in full swing has now been shut. But it took 10 lives to do so. At least six people were injured. It was in exchange for all this that the doors of TupTup Resort were finally closed.

Questions have naturally arisen: how was a resort that had been served a closure notice still operating? Even after knowing of the risks, why could tourists' safety not be ensured? After identifying the irregularities, were the responsibilities of the relevant agencies limited only to notices and fines? By what invisible force was an unapproved resort openly doing business?

Eyewitnesses said that around 7:30 am last Saturday, a loud explosion occurred inside TupTup Resort. Fire immediately spread through the three-storey wooden building. The strong sea breeze further spread the fire. Tourists staying on the second and third floors began a desperate struggle to save their lives. Some were running around, some were screaming. Several were seen jumping down from the second floor. But due to the fire and smoke, it was not possible to enter and rescue everyone.

Of those who had chosen the resort to spend the night while on a trip, 10 never returned home. Their bodies were so disfigured in the fire that even after identity was confirmed, DNA testing is needed to determine which body belongs to whom. Since there is no laboratory for such testing in Cox's Bazar, samples must be sent to Dhaka. Relatives' wait is therefore feared to become even longer.

According to Karim Ullah Kalim, general secretary of the Cox's Bazar Hotel-Motel Guesthouse Officers Association, these deaths are not just because of a fire incident. It is linked to irregularities in resort management, gaps in fire safety, and serious questions about the supervision of the relevant agencies.

Noting that an investigation will reveal how the fire started, he said, "Even before that, the information that has already emerged is bringing forward an even more uncomfortable reality. Action had been taken against the resort, and the risk had been communicated, yet it remained open for tourists."

Zamir Uddin, director of the Department of Environment's Cox's Bazar region, said that in April last year, TupTup Restaurant and Resort was served a closure notice for operating without an environmental clearance certificate. For disobeying the directive, the establishment was fined Tk 1 lakh on the 13th of the following month. The resort did not have a CoxDA-approved design. Necessary waste management arrangements had also not been put in place.

Syed Muhammad Morshed Hossain, assistant director of Fire Service and Civil Defence in Cox's Bazar, said Fire Service approval was not obtained for building the resort. There were no fire extinguishers, fire alarms, hosepipes, or fire safety plan there either.

Even looking at the structure of the building, the risk was clear. At noon yesterday, Sunday, it was seen that the floors of the first and second storeys of the three-storey building were made of wooden planks. The stairs going up and down from the ground floor to the upper floors had wooden boards placed over an iron frame. The roof was made of tin. On the western side, a restaurant operated in a wooden extension built on tree posts. Most of the posts used there were of jhau and akashmoni trees. The ground floor housed the restaurant and food preparation arrangements. The upper two floors had rooms for tourists to stay. Yet Fire Service said there were no basic fire safety measures in a place where so many people moved about and stayed.

The question of how the resort was operating with so many irregularities was put to Khandaker Mahmud Pasha, deputy director of the Department of Environment. He said that although environmental law allows for issuing notices and imposing fines, their power to demolish a structure or shut it down directly is limited. His statement made clear the issue of coordination among the relevant agencies.

However, if there are limits to legal authority, there is no scope to evade the question of what steps other responsible agencies took to stop the irregularities.

CoxDA Chairman Engineer Md. Jasim Uddin said they have a list of about 150 illegal hotels, motels, and resorts, along with shops, on both sides of the Marine Drive from Kolatoli to Teknaf.

In 1999, the government declared the beach area adjoining Marine Drive an Ecologically Critical Area (ECA). Despite the special importance of environmental protection, various structures including resorts and restaurants have sprung up there. Officials of the Department of Environment allege that when they try to take initiatives to close these establishments, they face various forms of political pressure.

Nazim Uddin, general secretary of the social organization Amra Cox's Bazar Basi, said it is necessary to make clear what steps which agency took against these structures and why many establishments were able to continue operating. In his view, the TupTup Resort fire is therefore not merely an incident of a building burning down—it is a difficult test of ensuring tourist safety, controlling illegal structures, and ensuring accountability of government agencies.

Abu Morshed Chowdhury Khoka, former president of the Cox's Bazar Chamber of Commerce, also believes that a full picture of the incident cannot be obtained by investigating only the cause of the fire. Answers are also needed to questions such as whether a notice had been issued earlier, what steps were taken after the fine, how tourist accommodation was operating without fire safety approval, and whether there were any gaps in the supervision of the relevant agencies.

In the fire incident, police have filed a case against 23 people, naming resort owner Md. Tanvir as the prime accused. Sub-Inspector Ashis Sutradhar of Ukhiya Police Station filed the case on Saturday night. The case names resort owner Tanvir and his business partner Niaz Morshed. Resort manager Zahidul Islam alias Sumon was detained and shown as arrested in the case. He was later sent to jail through the court. Ukhiya Police Station Officer-in-Charge (OC) Atikur Rahman Majumder confirmed the information.

In addition, the district administration has formed a five-member committee to investigate the incident. The head of the committee is Additional District Magistrate Tasnim Jahan. The other members are the Upazila Nirbahi Officer (UNO) of Ukhiya, the Officer-in-Charge of Ukhiya Police Station, and one representative each from Fire Service and the Department of Environment. Yesterday morning, members of the investigation committee visited the scene.

Tasnim Jahan, head of the investigation committee and additional district magistrate, said, "By visiting the scene, we have examined the cause of the fire, whether the resort authorities were negligent in the deaths of tourists, whether the resort authorities had the necessary registrations and documents, and what infrastructural problems existed. A detailed investigation is needed in this matter. The report will be submitted as soon as possible."