Gujarat High Court Directs Fire Safety Inspection Before Considering De-Sealing Of Educational Institution

The Gujarat High Court directed a public trust running an educational institution which was sealed for not having fire safety NOC to approach the Ahmedabad Municipal Corporation for inspection of its premises to assess the fire safety requirement.

The court was hearing a public trust running an educational institution, which had challenged a December 12 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.

Justice Mauna M Bhatt while issuing notice on the petition said:

"Noticing the above submissions, today this Court is of the opinion that the prayer with regard to opening of the seal, pursuant to order dated 12.12.2025, is made on the ground that the petitioner is possessing Fire Safety Certificate dated 27.05.2024. Prima facie, reading of earlier Special Civil Application No.11332 of 2024 refers that, the petitioner is requesting to direct the fire safety authority to upload the certificate dated 27.05.2024. Moreover, at this stage respondents have not doubted the authenticity of fire safety certificate dated 27.05.2024. However, the submissions made on behalf of Corporation refers that the said certificate was withdrawn / cancelled and in that context, undertaking was filed to abide by fire safety requirement".

Taking note of the situation and considering that no building is permitted to be used without any fire safety equipment, in an area which is heavily congested the court passed the following order:

1. Considering Fire Safety Certificate Renewal (FSCR) dated 27.05.2024, Petitioner was directed to make a fresh application on or before 22nd December, 2025 seeking inspection of fire safety requirement in the building in question for ground, first and second floors.

2. Once such application is made and received, noticing that the students are studying in the building and they are having their upcoming examination of the University, respondent No.5–Chief Fire Officer, Ahmedabad Fire and Emergency Services is directed to inspect the building within the period of one week from the date of receipt of the application.

3. Once such inspection is done, respondent No.5 is directed to give its report and place the report before this Court on 06.01.2026.

Considering the submissions that the administrative office of the college contains the records of the students which is required to be submitted for their upcoming University examination, the court said that not more than 12 persons of the office administrative staff shall be permitted to enter the administrative building by opening the seal on 22.12.2025 from 11:00 a.m. to 5:00 p.m.

"This opening of seal may not be construed as the indulgence in the order dated 12.12.2025. Thereafter, it is open for the Corporation to do the needful so as to continue with the order dated 12.12.2025," the court said.

The senior advocate appearing for the petitioner submitted that the order is erroneous because the building in question is having cellar which is used for parking purpose.

Further, there are ground plus four floors, wherein this petition is filed only to open the seal for running the class rooms of ground, first and second floor. It was submitted that for other floors i.e. third, fourth and fifth floors, there being no building use permission, no relief is sought.

In other words, the petitioner is seeking to open the seal put vide order dated 12.12.2025 for cellar which is used for the parking purpose, the ground floor and further two floors used for the educational purposes.

Reliance was placed upon 'Fire Safety Certificate Renewal' (FSCR) dated 27.05.2024 to submit that the building was used and inspected on 27.05.2024 and thereafter the earlier fire safety certificate was renewed for further period of two years which is valid up to 27.05.2026. Moreover, the reference of undertaking is of no consequence because that undertaking was given for third, fourth and fifth floor of the building in question.

Therefore, since the petitioner is having fire safety certificate which is valid upto 27.05.2026 for cellar, ground floor, first and second floors, the respondents may be directed to open the seal of the said premises till second floor. It was reiterated that at present, petitioner is not pressing for any action to be taken in connection with third, fourth and fifth floor of the building.

The counsel appearing for the Corporation submitted that the Ahmedabad Municipal Corporation pursuant to the directives of the High Court in a PIL( on fire safety) had inspected the buildings in Ahmedabad.

Further, the building in question is situated in Raipur Darwaja, Khadia area of the walled city having closely connected buildings leaving barely the passage in case of any fire incident.

It was found that the premises of the petitioner is not having the fire safety therefore, action in accordance with law has been initiated. In support of his submission he relied upon provisions of Gujarat Provincial Municipal Corporations Act, 1949, The Gujarat Fire Prevention and Life Safety Measures Act, 2022 and The National Building Code to submit that as per the provisions of the law, under no circumstances, the Corporation can grant the use of building without any NOC for fire safety.

Moreover, as contended in the petition, the petitioner is running the educational institution wherein more than 3000 students are studying and this involves "a risk of life of more than 3000 students, therefore action taken is appropriate".

It was contended that apart from fire safety certificate, the petitioner are using the "cellar as class rooms" which is evident from the affidavit filed on 20.10.2024 in the earlier petition moved by the petitioner.

Even the affidavit filed today also indicates that the class rooms are run in the cellar and third, fourth and fifth floors. The conduct of the petitioner is also to be seen because the petitioner is repetitively making the GRUDA applications seeking regularization of unauthorized construction for third, fourth and fifth floor without filing any appeal against the rejection order.

Moreover, the revenue record does not reflect any entitlement of the petitioner in any manner and, therefore it raises a doubt with regard to the maintainability of GRUDA applications filed by the petitioner.

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

R/SPECIAL CIVIL APPLICATION NO. 17413 of 2025

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