AHMEDABAD: The Gujarat High Court on Thursday came down heavily on the state government over the death of 27 people in the Rajkot Game Zone fire last month and sought to know why the then head of the local civic body was not suspended for not taking action. The facility was being run without permission.
The High Court expressed anger after learning that though a demolition notice was served by the Rajkot Municipal Corporation (RMC) at TRP Game Zone, where the devastating fire broke out on May 25, in June last year, no action was taken for a year. done. Against the convenience of the civic body, whose commissioner at that time was Anand Patel.
A special bench of high court judges Biren Vaishnav and Devan Desai was hearing the suo motu PIL on May 26, a day after the fire incident at the TRP game zone in Rajkot.During the hearing on Thursday, RMC counsel G H Virk informed the court through an affidavit that no periodic checks were conducted by the RMC fire department at the TRP game zone and there was no compliance with the fire safety measures as per it was done. Security Act.
During the hearing it was also revealed that the game zone owners had never applied for a fire NOC and the facility was running without any police permission, which is mandatory under Section 33(w) of the Gujarat Police Act.
The court was also told that the town planning department of the RMC was aware of the illegal structure and had given a notice for demolition in June 2023. Earlier, a notice was also given in April 2023 for removal of unauthorized construction under municipal provisions. Corporation Act.
“So you fired the town planning officer.But why was the then Municipal Corporation Commissioner not suspended? Responsibility is at the top. A demolition order was passed in June 2023. Then what happened after that? You lived in peace until 27 people lost their lives." Justice Vaishnav said, "You did nothing for a year."
He even asked why Indian Penal Code (IPC) section 302 (murder) should not be invoked against IAS officer Patel, who was the commissioner at the time of the incident and was then transferred without posting by the state government.In defense of RMC, Virk told the bench that Patel was unaware of the unauthorized structure as RMC fire officials never made any communication regarding the play area to Patel since they came to a piece of land in 2021.
Advocate General Kamal Trivedi assured the bench that action would be taken after the Special Investigation Team (SIT) appointed by the state government submits its final report.
Trivedi said that the SIT has been given a deadline of June 20 to submit its report.
When Justice Vaishnav asked whether the state government intended to fix the responsibility of senior officials in such situations, Trivedi said the government was waiting for the final SIT report to take further action.
Trivedi said, “RMC officials neither took action against the management nor brought the issue of the game zone to the notice of Patel.SIT has named these officers. They cannot escape the clutches of law. I assure you." has refused to give any extension to the SIT and asked the investigation panel to submit the report by June 20.
When Trivedi said that since India is a democratic country and officers cannot be sent to death without any investigation, Justice Vaishnav said, "If they are guilty then they will have to go to death.,
Vaishnav said, “This time, we want to see that no municipal commissioner of all municipal corporations, present or existing, should be held personally liable for such incidents. They cannot just sit beside officials and responsibility cannot be imposed on them.,
The bench has fixed the next hearing on June 13.
The High Court expressed anger after learning that though a demolition notice was served by the Rajkot Municipal Corporation (RMC) at TRP Game Zone, where the devastating fire broke out on May 25, in June last year, no action was taken for a year. done. Against the convenience of the civic body, whose commissioner at that time was Anand Patel.
A special bench of high court judges Biren Vaishnav and Devan Desai was hearing the suo motu PIL on May 26, a day after the fire incident at the TRP game zone in Rajkot.During the hearing on Thursday, RMC counsel G H Virk informed the court through an affidavit that no periodic checks were conducted by the RMC fire department at the TRP game zone and there was no compliance with the fire safety measures as per it was done. Security Act.
During the hearing it was also revealed that the game zone owners had never applied for a fire NOC and the facility was running without any police permission, which is mandatory under Section 33(w) of the Gujarat Police Act.
The court was also told that the town planning department of the RMC was aware of the illegal structure and had given a notice for demolition in June 2023. Earlier, a notice was also given in April 2023 for removal of unauthorized construction under municipal provisions. Corporation Act.
“So you fired the town planning officer.But why was the then Municipal Corporation Commissioner not suspended? Responsibility is at the top. A demolition order was passed in June 2023. Then what happened after that? You lived in peace until 27 people lost their lives." Justice Vaishnav said, "You did nothing for a year."
He even asked why Indian Penal Code (IPC) section 302 (murder) should not be invoked against IAS officer Patel, who was the commissioner at the time of the incident and was then transferred without posting by the state government.In defense of RMC, Virk told the bench that Patel was unaware of the unauthorized structure as RMC fire officials never made any communication regarding the play area to Patel since they came to a piece of land in 2021.
Advocate General Kamal Trivedi assured the bench that action would be taken after the Special Investigation Team (SIT) appointed by the state government submits its final report.
Trivedi said that the SIT has been given a deadline of June 20 to submit its report.
When Justice Vaishnav asked whether the state government intended to fix the responsibility of senior officials in such situations, Trivedi said the government was waiting for the final SIT report to take further action.
Trivedi said, “RMC officials neither took action against the management nor brought the issue of the game zone to the notice of Patel.SIT has named these officers. They cannot escape the clutches of law. I assure you." has refused to give any extension to the SIT and asked the investigation panel to submit the report by June 20.
When Trivedi said that since India is a democratic country and officers cannot be sent to death without any investigation, Justice Vaishnav said, "If they are guilty then they will have to go to death.,
Vaishnav said, “This time, we want to see that no municipal commissioner of all municipal corporations, present or existing, should be held personally liable for such incidents. They cannot just sit beside officials and responsibility cannot be imposed on them.,
The bench has fixed the next hearing on June 13.
