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We have no faith in state machinery: Gujarat HC

The Gujarat High Court on Monday expressed strong disapproval of the Rajkot civic body’s handling of the game zone fire which resulted in the death of 27 individuals. It asserted a lack of confidence in the state machinery, criticising its tendency to react only after innocent lives are lost. Questioning the Rajkot Municipal Corporation’s oversight, […]

The Gujarat High Court on Monday expressed strong disapproval of the Rajkot civic body’s handling of the game zone fire which resulted in the death of 27 individuals. It asserted a lack of confidence in the state machinery, criticising its tendency to react only after innocent lives are lost.

Questioning the Rajkot Municipal Corporation’s oversight, the court asked whether it had overlooked the construction of such a significant structure in its vicinity. The RMC’s lawyer disclosed that the TRP game zone had not obtained the necessary permissions.

A special bench comprising Justices Biren Vaishnav and Devan Desai presided over a suo motu PIL concerning the game zone fire incident.

The court further remarked that all Rajkot municipal commissioners, from the establishment of the TRP game zone in 2021 until the recent incident on May 25, should be held accountable for the tragedy. It directed them to submit separate affidavits.

The fire at the TRP game zone in Rajkot’s Nana-Mava area on Saturday evening resulted in the loss of 27 lives, including children.

The game zone operated without the required fire NOC (no objection certificate), according to officials.

Taking suo motu cognizance of the fire tragedy on Sunday, the HC deemed it a prima facie “man-made disaster.”

On Monday, a counsel emphasized the need for immediate preventive and corrective measures following the unfortunate incident. They stressed that the state government must take accountability, calling for drastic actions.

In response, the court expressed scepticism regarding who would implement such drastic measures. “Honestly speaking, we do not have faith in the state machinery now,” the court observed. It noted that despite previous court orders and assurances from authorities, this incident marked the sixth occurrence.

“They only want lives to be lost and then trigger the machinery,” the court remarked.
In response to the RMC counsel’s assertion that the game zone hadn’t sought necessary permissions from authorities, the court questioned whether the civic body was oblivious to the emergence of such a large structure within its jurisdiction.

“Are you suggesting that you were unaware of the existence of this substantial structure? What explanation does the corporation offer for the presence of this zone for the past two-and-a-half years? What measures were taken for fire safety? Were you cognizant of entertainment tax during ticketing? It seems you are entirely neglecting the issue,” remarked the court.

The High Court sought clarification on when the corporation first acknowledged the presence of the game zone.

“Until then, were you completely unaware of such a structure in the vicinity? Were you not informed about this court’s orders regarding fire safety in a PIL? What actions were taken during that time? There are media reports suggesting that your municipal commissioner attended the inauguration. Can we not take judicial notice of that fact? For 18 months, what actions did the corporation take? Did they simply neglect it?” queried the bench. The court also noted that all municipal commissioners, starting from the establishment of the TRP game zone in 2021 until the incident, should be held responsible for the tragedy. It directed them to submit separate affidavits.

“At this stage, we refrain from issuing any orders, though we strongly desire to suggest the suspension of the officers involved for neglecting their duties and failing to comply with this court’s directives. However, we withhold this action in the hope of giving them a chance,” further stated the bench.

The HC instructed the incumbent RMC commissioner and officers who served as municipal commissioners from July 2021 until the incident date to file affidavits, detailing issues regarding certificates on structural stability and other relevant matters.

Additionally, the HC directed chief fire officers of Ahmedabad, Vadodara, Surat, and Rajkot municipal corporations to submit affidavits on fire safety measures within their jurisdictions, including the installation of fire hydrants, inspection of fire safety equipment, and obtaining licenses from respective collectorates.

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