A
special bench of the Gujarat High Court on Sunday took suo motu cognizance of
the fire incident at a game zone in Rajkot which left 27 persons dead and said
it was prima facie a "man-made disaster".
Such
gaming zones and recreational facilities have come up without the necessary
approvals from competent authorities, the bench of Justices Biren Vaishnav and
Devan Desai observed.
The bench directed advocates of the Ahmedabad,
Vadodara, Surat and Rajkot municipal corporations to appear before it on Monday
with instructions as to under what provisions of law the authorities led these
units to be set up or continue to operate under their jurisdiction.
Four
children under the age of 12 were among the 27 persons killed and three others
injured in the massive fire that swept through the game zone in Rajkot teeming
with people enjoying a summer vacation outing on Saturday evening, as per the
officials.
Chief
Minister Bhupendra Patel visited the incident site at Nana-Mava road on Sunday
morning and a hospital where the injured persons were admitted.
"We
are shocked to read newspaper reports which indicate that the gaming zone at
Rajkot appears to have taken advantage of the loopholes in the Gujarat
Comprehensive General Development Control Regulations (GDCR). These
entertainment zones, as newspapers suggest, have come up without the necessary
approvals from the competent authorities," the court observed.
The
HC also wanted to know from the state government and the municipal corporations
"whether such licenses, including the licenses to its use and compliance
of fire safety regulations" were given to these respective (entertainment)
zones that are in territorial jurisdiction of these corporations.
These
entertainment zones, as newspapers suggest, have come up without the necessary
approvals from the competent authorities, the court noted.
Quoting
newspaper reports, the high court said temporary structures were created at the
TRP game zone in Rajkot in order to overcome the hurdles caused in taking
necessary permissions, no-objection certificates, including the fire NOC and
construction permission.
Not
just Rajkot, such game zones have come up in Ahmedabad city as well and they
"pose a significant threat to public safety, specially the innocent
children," it said.
"Apart
from having constructed such gaming zones/ recreational activities, they have
been put to use apparently, according to our information through the newspaper
reports, without permission," the court said.
"Prima
facie, a man-made disaster has occurred where innocent lives of children have
been lost" and families have grieved their loss, it said.
A
stock of highly inflammable materials such as petrol, fibres and fibre glass
sheets were stored at the Rajkot game zone where the fire occurred, the court
noted.
The
court listed the suo motu petition for further hearing on Monday, with a
direction to the panel advocates for the respective corporations to appear
before it with instructions as to "under what provisions of law these
corporations led these gaming zones/recreational facilities to be set up or
continue and be put to use."
The bench also allowed a civil application in a PIL on fire safety being heard
by the court that was moved by the party-in-person, Amit Panchal, for urgent
hearing.
Panchal
in his note claimed the devastating fire shows there has been non-compliance of
provisions of the Gujarat Provincial Municipal Corporations Act, 1949 , Gujarat
Fire Prevention and Life Safety Measures Act, 2013, the rules and regulations
framed under it, as well as directions issued by the Supreme Court and the
Gujarat High Court.