[Rajkot Gaming Zone Fire] Gujarat High Court Rebukes State Municipal Corp For Negligence; Demands Accountability From Commissioners

A special bench of the Gujarat High Court has strongly criticized state municipal corporations for their lack of accountability and failure to conduct periodic fire safety checks following the TRP Gaming Zone fire in Rajkot.

The hearing took place before a division bench comprising Justices Biren Vaishnav and Devan M. Desai.

Pursuant to the Court's earlier orders, Harshit P. Gosavi, IAS, Joint Secretary (Law & Order) in the Home Department, filed a detailed affidavit before the Court outlining the rescue operations conducted following the TRP Gaming Zone fire in Rajkot, along with subsequent significant developments.

According to the affidavit, the fire broke out at approximately 17:36 hours on May 25, 2024. By 17:43 hours, the fire authorities were alerted. Around 17:48 hours, a rescue team from the Rajkot Corporation, led by its Chief Fire Officer and comprising about 70-80 staff members, along with fire fighting vehicles, equipment, and rescue vehicles, arrived at the scene. Additionally, firefighters and rescue vans from Kalawad Nagar Palika were dispatched to the site.

During the rescue and search operations, 28 bodies were initially discovered. Samples were sent to the Forensic Science Laboratory (FSL) in Gandhinagar for DNA testing. The F.S.L. confirmed that the remains were of 27 individuals. Subsequently, the bodies of these 27 deceased persons were handed over to their respective relatives.

Justice Vaishnav questioned the accountability of municipal commissioners, particularly during the time the gaming zone commenced operations.

He stated, “What happened to the accountability of the municipal commissioners? What is the affidavit of the first commissioner at the time when the game zone started? What is his explanation? … No periodic checks carried out by the fire department. Why is he not suspended?”

“The responsibility lies at the top. Why are the commissioners not suspended? It has now come on recorded that you have been playing a ball game shifting from one stage to another. … You keep playing these games,” Justice Vaishnav further remarked.

Notably, pursuant to the Order dated 27.05.2024 passed in the proceedings, affidavits have been filed at the relevant time by the incumbent Municipal Commissioner as well as the Municipal Commissioners holding charge during the period of the incident by the respective Municipal Commissioners of Rajkot, Ahmedabad, Baroda and Surat.

During the hearing, Advocate GH Virk presented an affidavit on behalf of the Ahmedabad Municipal Commissioner. He highlighted that no periodic checks were conducted at the TRP Game Zone, and there was non-compliance with the Fire Safety Act. It was revealed that no application was made for a fire NOC.

Advocate Virk also referred to an affidavit by Mr. Anand Patel, the Rajkot Municipal Commissioner at the time of the incident. The affidavit indicated that the booking license was granted under Section 33(x) of the Bombay Police Act, but there was no permission under Section 33(w) as noted in the court's previous order.

The current Rajkot Municipal Commissioner's affidavit outlined actions taken post-tragedy, including demolition notices issued for unauthorized constructions.

The court observed, “Reading the affidavit indicates that the stand of the commissioner is that the record reflects that the west zone TPD Office of the corporation was conscious of the construction which it thought to have inspected / visited so as to take action. That the notice for demolition was given on 8.06.2023, and a notice was also given on 11.04.2023 to removed the unauthorised construction under the provisions of the Municipal Corporation Act. These are glimpses of the affidavits of the corporation's commissioner at Rajkot.”

Advocate General Kamal Trivedi, along with Additional Advocate General Manisha Luvkumar, presented an affidavit by Dr. Harshit P. Gosavi, Joint Secretary Law and Order, detailing land use and developments post-tragedy. It was also informed that the Special Investigation Team (SIT) requested an extension to submit its report, but the state insisted on a June 20 deadline.

The court noted, “Our reading of the affidavits of the corporation, essentially the Rajkot Municipal corporation indicates that, prima facie our apprehensions have turned out to be somewhat true in as much as there has been a dereliction of duty on part of the officials of the corporation be it the ones manning the highest runs of the corporation that is the commissioner of the respective corporations."

The Advocate General informed the court that affidavits from municipal commissioners were forwarded to the SIT for accountability.

Advocate Amit Panchal, representing a civil application in the Writ Petition PIL 118/2020, argued there was continued non-compliance with court orders regarding fire safety. The court noted that while corporations provided statistical data on mock drills, significant gaps in compliance remained.

Regulation of amusement activities in the State

The State in its affidavit also submitted that it, through its Urban Development and Urban Housing Department, issued a Resolution dated February 19, 2024, constituting a Committee of 13 members. The Committee was tasked with establishing a legal framework, certification process, and enforcement mechanisms for regulating amusement activities.

To date, the Committee has held five meetings and has drafted rules, which have been forwarded to the relevant departments. On May 28, 2024, the Principal Secretary of the Urban Development and Urban Housing Department convened two meetings with officials from the Home Department, Road & Building Department, and Ahmedabad Municipal Commissioner. These meetings aimed to finalize the draft rules for regulating amusement rides, including gaming zones, and to establish a state-level inspection Cell to monitor urban services regularly.

Furthermore, it was stated that the State Government is in the process of amending the Comprehensive General Development Control Regulations, 2017. These amendments will incorporate a new chapter specifically for regulating Gaming Activity Areas. Additionally, amendments will be made to the provisions of the Gujarat Fire Prevention and Life Safety Measures Rules, 2021, to include "Gaming & Entertainment Zones" as a distinct category under Schedule III.

Moreover, a committee has been constituted by the State Government to make recommendations on various inspection-related aspects. Subsequently, a checklist and Standard Operating Procedure will be implemented in all Municipal Corporations and Municipalities. These measures aim to ensure that buildings are used in accordance with sanctioned building use permissions and that no illegal constructions are made by occupants/owners. The committee will focus on:

1. Developing inspection checklists for various categories of buildings, malls, gaming zones, assembly places, etc.

2. Disseminating information about renewals, permissions, and inspections to the public, including publishing on websites.

3. Establishing the frequency of inspections for different types of buildings and suggesting team structures for such inspections.

4. Defining the responsibilities of owners/occupiers to adhere to permission/NOC conditions.

The matter is scheduled for further consideration, including the SIT's progress report, on June 13, 2024.

Click Here to Read Order