Supreme Court Expresses Displeasure On Gujarat Govt.'s "Clarficatory Notification" In The 'Fire Safety Audit of Covid Hospitals' Matter

"You please advise the government properly. They have come up with another notification, a clarificatory notification saying that the fire safety requirement will not be applicable to Covid premises. So far as building regulation is concerned, nobody can get the BU permission without the fire safety", Justice M. R. Shah told SG Tushar Mehta on Monday.

The Bench of Justices D. Y. Chandrachud and Shah was hearing its suo moto case regarding the incident in Rajkot, Gujarat on 26.11.2020, resulting in the death of Covid patients in the Covid Hospital.

It may be noted that on July 8, the Gujarat government had issued a notification that directed that no coercive action should be taken against the buildings having no BU permission till three months from December 31, 2021, which is the last date of applicability of the Gujarat Epidemic Diseases COVID-19 Regulation, 2020. While confronting the State of Gujarat on its decision to issue notification extending the timeline for hospitals to rectify compliances, the Supreme Court had on July 19 decided to consider if the notification was in breach of its order dated December 18, 2020 regarding maintenance and audit of fire safety measures in hospitals.

"Such a notification will be directly in conflict. And the notification is under section 122 of the Town Planning Act. How can the government say that by issuing such notification, a statutory provision will not be applicable at all? S.122 circulars can be issued in furtherance of the Town Planning Act and not to stay the provisions of the Town Planning Act. I don't know who is advising the government", continued Justice Shah.

The said Section 122 states that every appropriate authority under the Town Planning Act shall carry out such directions or instructions as may be issued from time to time by the State Government for the efficient administration of the Act.

Last week, the Bench had also sought to ask the State to produce a copy of the report of the Commission of Enquiry headed by Justice Mehta, along with the action that has been taken by the State regarding recommendations contained in the report.

On Monday, SG Tushar Mehta told the bench that the report of the Commission has been filed in a sealed cover. However, the bench had not received it.

"Please look into this matter (as indicated by Justice Shah). And in the meantime, circulate the report to us", Justice Chandrachud told the SG.

Through the December 18, 2020 order being referred to by the Court, three specific directions were issued last year regarding maintenance and audit of fire safety measures in hospitals :

a. All States/UTs were directed to appoint one nodal officer for each covid hospital, to be made responsible for ensuring the compliance of all fire safety measures.

b. In each district, State Government was to constitute a committee to carry out a fire audit atleast once a month and inform the deficiency to management of the hospital and report to the Government for taking follow-up action.

c. The Covid hospital that had not obtained NOC from the fire department was immediately required to apply for NOC. In the event Covid Hospital was found not having NOC or not having obtained renewal; appropriate action was to be taken by the State

The Bench had observed on 19th July that,

"During the course of the hearing, it has transpired that on 8 July 2021, a Notification has been issued by the State Government, by which an extended timeline has been issued for rectifying compliances for a period of three months commencing from the last date of the applicability of the Gujarat Epidemic Diseases Regulations 2020. The Court has been informed that the last date being 31 March 2022, the extended period of three months would commence thereafter. The issue whether the Notification has been issued in breach of the directions which were issued by this Court would merit being considered. Before we consider the matter any further, we are of the view that this aspect should be explained on affidavit by the State of Gujarat".

The State of Gujarat was also required to file before this Court a comprehensive statement indicating (i) the audits which were conducted in pursuance of the order dated December 18, 2020; and (ii) the result of the audits specifically in terms of which hospitals were found not to be in compliance with the safety and other norms under the Development Control Regulations.