[Rajkot Gaming Zone Fire] Gujarat High Court Criticizes State, Civic Authorities Over Unauthorised Gaming Centres, Orders Strict Action

Today, the Gujarat High Court sharply criticized the Rajkot municipal body and the state government after it was revealed that two gaming zones in Rajkot had been operating for over two years without the necessary permits. The hearing was conducted before a division bench comprising Justices Biren Vaishnav and Devan M. Desai. The bench stated, “It is most unfortunate that it is only the death of innocent children and the young ones have opened the eyes of authorities at a stage when the families of Rajkot have lost their loved ones.”The court expressed its frustration, stating, "Have you gone blind? Did you fall asleep? Now we do not trust the local system and the state government," upon learning that the gaming centre had been constructed on unauthorized premises.The court's anger intensified when informed that these gaming zones had been functioning for over 24 months without essential permits, including fire safety certificates. The court declared its diminishing trust in the state government, following the Rajkot municipal body's admission that they had not granted approval.Advocate Manisha Luv Kumar Shah, representing the state government, acknowledged that two other gaming zones in Ahmedabad were also operating without the necessary permissions. It was further submitted before the court that the state has established a special investigation team, headed by the Additional Director General of CID-Crime and comprising senior officers from the state government.Additionally, it was mentioned that an immediate report has been requested, with the interim report from the special investigation team expected to be ready within the next 72 hours, and a detailed final report to be filed within the next 10 days.Luvkumar emphasized that this is not an adversarial litigation. She assured that the state has acted with the utmost seriousness on the issue and is committed to continuing its efforts. Furthermore, she stated that an FIR had been filed, and the owner of the gaming zone, Mr. Yuvraj, had been arrested, along with the manager. Steps are being taken to ensure the arrest of the remaining owners of the gaming zone, and a lookout notice has been issued.She emphasized that gaming zones cannot operate without such certificates, prompting the High Court to retort, "Then this rule was not followed in Rajkot."To reassure the court, she mentioned that three gaming zone owners had been arrested and that the process of detaining the others was "ongoing."Advocate Amit Panchal, appearing as a party in person, submitted that vide notification dated October 3, 2019, the government of Gujarat made variations to the Comprehensive General Development Control Regulations (CGDCR). He stated that these variations were made under the authority of various Acts such as the Gujarat Town Planning and Urban Development Act, 1976, and the Gujarat Municipalities Act, 1963, among others.Panchal drew the Court's attention to Regulation 3, which deals with development permission and building use permission. He argued that any development on any building or land must be preceded by a written application to the competent authority. Specifically, he claimed that the TRP Gaming Zone in Rajkot, located on a 3000 sq. meter plot, was established without the necessary permissions, as no application was made.Panchal emphasized that proper arrangements must be made for the regular maintenance of fire protection services as outlined in the National Building Code and related regulations. An occupancy certificate should be issued by the designated authority after inspecting the building to ensure compliance with fire protection requirements under the Gujarat Fire Prevention and Life Safety Measures Act and its associated rules and regulations.He pointed out that, in the case of the gaming zone where the unfortunate incident occurred, there was neither an occupancy certificate nor an application for such a certificate. Similarly, no fire occupancy certificate was applied for.Panchal asserted that a serious view must be taken, holding the municipal commissioner of the respective municipalities accountable, particularly the Rajkot Municipal Corporation, for blatantly violating the directions of the High Court in a pending Public Interest Litigation concerning fire safety measures.Mr. Brijesh Trivedi submitted that over the past 24 hours, JCB machines have been deployed at the site to remove evidence, indicating a concerted effort by the authorities to eliminate proof. He further argued that following the visit of the Chief Minister, FIRs were lodged at 3 a.m., which he described as a mere eyewash. Families are still grappling with grief, and some have not yet found their missing relatives.Trivedi contended that accountability is needed for two groups of employees: those responsible for initially setting up facilities like gaming zones, and those who allowed these zones to operate for three months under the watch of municipal corporation officers. He...

[Rajkot Gaming Zone Fire] Gujarat High Court Criticizes State, Civic Authorities Over Unauthorised Gaming Centres, Orders Strict Action

Bhavya Singh

Tags