'Man Made Disaster': Gujarat High Court Takes Suo Motu Cognizance Of The Tragic Fire Accident At TRP Gaming Zone In Rajkot

On Sunday, the Gujarat High Court took suo motu cognizance of the tragic fire at TRP Game Zone in Rajkot, which resulted in the deaths of at least 27 people.

The hearing was conducted before a division bench comprising Justices Biren Vaishnav and Devan M. Desai. The bench observed, “Apart from having constructed such Game zones / recreational facilities, they have been put to use apparently according to our information through the newspaper report, without permission. Prima Facie, a man made disaster has occurred where innocent lives of children have been lost and families have grieved today for the loss of lives in their respective families.”

Reportedly, a tragic fire erupted on Saturday evening at a gaming zone in Rajkot, Gujarat, resulting in the deaths of at least 27 people, including nine children.

The blaze consumed the two-story building housing the TRP Game Zone, which was crowded with approximately 300 people, many of them children, due to the summer vacation and weekend rush.

Advocate Amit Panchal presented newspaper clippings from various publications, including the Indian Express, Times, The Mirror, and The Hindu, covering the incident. He informed the Court that the TRP gaming zone in Rajkot had not obtained the necessary permissions, particularly from the fire department. He argued that the corporation should not have allowed the facility to operate without proper approvals, labeling the incident as sheer negligence by the authorities.

Advocate Brijesh Trivedi, appearing as the President of the Bar Association, urged the court to order an inquiry by a sitting judge into the matter.

The Court recorded in its Order:

“We are assembled today pursuant to an unfortunate tragedy that has occurred in the city of Rajkot. Various articles have appeared in the newspapers local, as well as national, which indicate that innocent children have lost their life while visiting gaming zones in Rajkot.

As of now the figures vary. … Ahmedabad Mirror reports 40 lives have been snuffed out in Rajkot…

We are shocked to read the 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) that pave their way for creating illegal recreational activities.

These entertainment zones, as the newspapers suggest, have come up without the necessary approvals from the competent authorities.

Certain Gujarati newspapers also suggest that in order to overcome in taking permissions / Fire NOC and/or construction permission, temporary structures have been created which are apparently tin sheds.

Apart from the city of Rajkot, from the newspaper's report we take judicial notice of the fact that such game zones have come up in the city of Ahmedabad on the Siddhubhawan Road to SG Highway and SP Ring Road which pose a significant threat to public safety. Especially the innocent children.

Some newspapers also suggest that at the Rajkot Gaming Zone, there was a stock of highly inflammable material such as petrol and tires and fibre glass sheets.

We have, based on these articles in the newspaper, taken up suo moti vo ghusa ve if this issue and direct the registry based upon these articles to take up the cause suo moto in Public Interest Litigation.”

The Court directed the Registry to number the case as Suo Moto Public Interest Litigation.

The Court requested Advocate Brijesh Trivedi to serve a copy of this Suo Moto PIL to the panel advocates of the Ahmedabad, Vadodara, Surat, and Rajkot Municipal Corporations, as well as the Additional Advocate General for the State of Gujarat.

Listing the Suo Moto petition for further hearing on May 27, the Court further directed, “the panel advocates for the respective corporations shall appear before us with instructions as to under what provisions of law did these corporations let these gaming zones / recreational facilities set up and continue and be put to use.”

“As suggested by the newspaper reports, that these zones have exploited the loopholes in GDCR, the State and the corporation respectively shall point out to us as in what manner and whether such licenses including the compliance of fire safety regulations were done by these respective zones that are in territorial jurisdiction of these corporations.”

Advocate Amit Panchal had filed a note before the bench requesting urgent circulation of a civil application in Writ Petition PIL 118/2020, which is pending and addresses the issue of fire safety.

The Court thus directed the registry to circulate this civil application along with the Suo Moto petition and list both for hearing tomorrow.