Gujarat HC Allows Partial De-Sealing Of Educational Institution For Carrying Out Fire Safety Compliance Work, Defers Verdict On Water Tank

The Gujarat High Court on Friday (March 13) permitted a public trust–running an educational institution which was earlier sealed for not having fire safety NOC, to carry out corrective measures regarding fire safety. 

In doing so the court permitted opening of the seal, after the Ahmedabad Municipal Corporation said that the institution shall be de-sealed on Monday (March 16) except for the 3th, 4th and 5th floors, for the purpose of carrying out fire safety work; however this work would not include setting up of an overhead water tank.  

In December the court had directed the public trust to approach the Corporation for inspection of its premises to assess the fire safety requirement.

After hearing the parties, Justice Niral R. Mehta in his order dictated:

"The government pleader submitted that for the purpose of carrying out only fire safety work, Ahmedabad Municipal Corporation shall open the seal on Monday. However he clarified that the seal will not be opened for the 3rd, 4th and 5th floors. He further clarified that the fire safety work as per report be carried out, but so far as suggestion of putting an overhead tank of 10,000 litres and pumping engine thereof can be decided at a later stage. 

Let this civil application be kept on April 2. It is clarified that opening of the seal is a stop-gap arrangement only with a view to enable the petitioner to carry out the corrective measures regarding fire safety, except over-head water tanks. Before the next date, if the work is complete the petitioner can intimate fire safety/corporation so that in turn the corporation can carry out further inspections and report to this court on the next date". 

During the hearing the senior counsel for the petitioner trust is running a grant-aided college, where students are coming from a lower middle class and that new admissions will start from June this year before which the petitioner shall have to carry out the fire safety work in advance. 

The court orally asked to where would the water tank will be placed. To this the Government Pleader submitted that the water tank would come on the terrace. Referring to the corporation's reply, he said that from point of view of fire safety the building was unsafe for use. He said that as per regulatory requirement, 10,000 litre water tank was missing and the fire water pump was missing wherein in the event of an emergency the building has only one exit door and even the width of the staircase was less than the requirement. He said that building was very old dilapidated and in the event of fire the building may collapse since it is holding burden of five floors on the foundational structure which is more than 50 years old and was built only for 2 floors. 

On the argument of pulling down of building the senior counsel submitted that a notice will have to be given to the trust in such a situation. With regard to establishment of water tank the senior counsel said, "it will be put up in the adjoining building where the pipeline is. Not in the building which is at present under seal. The tank will come on adjoining building". 

The senior counsel further said that the corporation had conducted an inspection wherein fire safety department had given a report and the petitioner wanted the seal to the broken so that it can carry out the work as per the report. "I'm ready to do it," he added. 

The court at this stage orally said, "There is no issue over fire safety work. But water tank, I will not allow". To this the senior counsel said that it was the corporation's suggestion to put water tank. 

"I can allow you to undertake the fire safety work, except water tank issue that will be decided later. You start doing the work. We will keep matter after 2 weeks. You also in the meanwhile take instruction," the court orally said. 

The trust has challenged a December 12, 2025 order sealing the petitioner's premises in Ahmedabad on the ground that the institution did not have Building Use Permission and did not have 'No Objection Certificate' for fire safety.

The order referred to earlier sealing of the premises on 30.05.2024, 26.06.2024 and the undertaking given by the authorized person of the trust for doing the needful for fire safety requirement. The petitioner had earlier moved a plea in the high court seeking a direction to the authorities to upload the fire safety certificate.

The matter is listed on April 2. 

Case title: VIVEKANAND EDUCATION FOUNDATION v/s STATE OF GUJARAT & ORS.

R/SCA/17413/2025