[Rajkot Gaming Zone Fire] Gujarat HC Orders Comprehensive Inquiry, Mandates Statewide School Safety Inspections And Accountability For Municipal Officials

The Gujarat High Court has instructed the State government to establish a high-level committee comprising three senior officers to conduct a fact-finding inquiry into the Rajkot Gaming Zone fire incident. The inquiry aims to identify the culpability of Rajkot Municipal Corporation officers, including Municipal Commissioners who have served since the inception of the TRP gaming zone.

A division bench, consisting of Chief Justice Sunita Agarwal and Justice Pranav Trivedi, emphasized that the investigation must be thorough and that any official found guilty or negligent should face consequences.

The Court stated, "We, thus, find that the Principal Secretary, Urban Development and Urban Housing Department being the disciplinary head of the Urban Development and Urban Housing Department is required to constitute a high level committee of three senior officers within a period of three days to conduct a fact-finding inquiry to find out fault of erring officers of the Rajkot Municipal Corporation including the Municipal Commissioners posted from time, i.e. the first date when the first pillar was installed of the TRP gaming zone, till the date when the tragic incident of fire has occurred."

"In the exhaustive inquiry, which is to be conducted by the Principal Secretary, Urban Development and Urban Housing Department through the aid of the committee constituted by him, he shall not spare anyone found guilty or being irresponsible and all aspects of dereliction of duties or inaction on the part of the officers of the Rajkot Municipal Corporation shall be brought into the light. The report shall be submitted to this Court by 4.7.2024," the Court added.

From the submissions of the counsels for the corporations, the court noted the blatant inaction by the Rajkot Municipal Corporation authorities. The gaming zone in question was developed in June 2021, and the owners applied for regularization of the constructions under the Gujarat Regularisation of Unauthorised Development Act, 2022 (GRUDA Act) three years later. The construction consisted of a fabricated steel frame structure with steel Patra boundaries. The Corporation claimed that permission was granted by the City Police. Queries regarding the structural stability certificate and fire NOC were made by the Corporation on an application filed by the owners, who were then asked to provide the relevant documents to benefit from regularization.

The Court has mandated the State to conduct physical inspections of both State-run and private schools serving students aged 3 to 14 years. These inspections are to verify compliance with fire safety measures and other building regulations. Reports on these inspections must be submitted to the Court within one month.

In this context, the High Court observed, “Taking note of the directions of the Apex Court in Avinash Mehrotra (supra), we further provide that the Principal Secretary, Education Department shall ensure that physical inspection of all the categories of schools in the State namely pre-primary or pre-school wherein the children upto the age of 3 to 6 years are studying including play schools, and primary, secondary and higher secondary schools, wherein the children between age of 6 to 14 years are studying, both established by the State and the private management (Public & Private) shall be carried out to report the fire safety measures in such schools, the training of the teachers alongwith other staff to handle safety equipment, initiation emergency evacuations and protect their students in the event of fire and other emergencies by the Fire and Rescue Department.”

The Court emphasized that school building specifications, clearances, and certificates must be granted only after a mandatory fire inspection by the Fire and Rescue Service Department, with the issuance of an NOC being a mandatory requirement for establishing or continuing the school. Inspections must comply strictly with the Apex Court's directions, with a report to be submitted within one month.

Furthermore, the Court directed the Principal Secretary of the Education Department to ensure corrective measures are implemented in all schools across Gujarat, adhering strictly to the given directions.

“We also require that in overall supervising role of the State Government, an inquiry be conducted into the working of the Municipal Corporations in the State in view of recent incidents reflecting dereliction of duties on the part of the Municipal Commissioners of the respective Corporations in the State of Gujarat, which have become evident with the unfortunate incidents such as Morbi Bridge Collpase, Harni Lake boat tragedy and Rajkot TRP gaming zone fire incident”, the Court added.

The Court noted that repeated incidents indicate public places managed by Corporations and amusement venues with high public footfall have been left unsafe due to the negligence or inaction of institutional heads.

“The Principal Secretary, Urban Development and Urban Housing Department, Government of Gujarat is required to take stringent action to put his house in order, inasmuch as, it is evident that the working of the Municipal Commissioners of the Corporations in the State has become aweigh. The Principal Secretary, Urban Development and Urban Housing Department, Government of Gujarat is required to take such stringent actions which act as deterrent for any such lapse on the part of these officers in future. A report with regard to the said inquiry and action taken by the concerned Principal Secretary, Urban Development and Urban Housing Department, Government Gujarat, shall also be submitted within a period of one month from today”, the Court concluded.

Accordingly, the High Court scheduled the next hearing for July 4, 2024.

Case Title- Suo Motu v. State of Gujarat & Ors.

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