Gujarat High Court Nixes Plea By Surat Based Gaming Zone Seeking Modification Of Order Banning All Gaming Zones

The Gujarat High Court recently dismissed a plea moved by a Surat based gaming zone seeking modification of an earlier direction prohibiting the operation of all gaming zones in the state in connection with the TRP Game Zone fire in Rajkot which resulted in the death of 27 people earlier in May.

In an order passed on July 4, division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi observed, “There is no question for modification of the order dated 27.05.2024, inasmuch as, the Corporation is duty bound to ensure that no such gaming zones operate in the State which do not comply with the necessary conditions and requirements for running such activities”.

The high court was hearing an application moved by one ETS Jump Trampoline and Adventure Pvt Ltd., which runs Woop Dome, a gaming zone in Surat. The entity claimed that the gaming zone had been running since 2019 after seeking requisite permission from the competent authority. It further claimed that it possessed a Fire Safety Certificate, an Occupancy Certificate and a Stability Certificate. It was subsequently sealed by Surat Municipal Corporation on May 26, following the TRP Game Zone fire incident.

The applicant entity argued that about 120 employees are working in the gaming zone, and the “abrupt” stoppage of the place is “causing huge loss” to the entity. It claimed that the closure notice was served to it without giving it an opportunity to defend itself. The entity claimed that the notice was issued with a “predetermined mind” and the action is in breach of principles of natural justice.

The bench however said that it was evident from the application itself that the May 26 closure notice was served following an inspection of the gaming zone by the officers of Surat Municipal Corporation.

Observing that the applicant entity is required to bring its “own action” for any alleged “illegal action” of the corporation, the high court dismissed the modification application as “misconceived”.

Following the incident, on May 27, the high court had directed all state authorities that “no gaming zone throughout the State shall be permitted to operate till further orders”.

Twenty-seven individuals, including four children, perished in the massive fire that engulfed the game zone in Rajkot's Nana-Mava locality on May 25.

Case Title : LETS JUMP TRAMPOLINE AND ADVENTURE PVT. LTD. v AMIT MANILAL PANCHAL & ORS.

LL Citation: 2024 LiveLaw (Guj) 99

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