Gujarat High Court: The Division Bench of Biren Vaishnav* and Devan M Desai, JJ., took suo motu cognizance of a tragic incident at a gaming zone in Rajkot where fire broke out, resulting in numerous fatalities, to investigate the circumstances surrounding the tragedy and the regulatory failures that may have contributed to it.
An unfortunate incident occurred in a gaming zone in Rajkot, leading to the death of several children. Reports from various newspapers indicate that the number of fatalities ranges between 27 and 40. According to media reports, the gaming zone operated without proper approvals and took advantage of loopholes in the Gujarat Comprehensive General Development Control Regulations (CGDCR).
The newspapers suggested that the gaming zones, including the one in Rajkot, constructed temporary structures without the necessary permissions. Additionally, highly inflammable materials, such as fuel and tires, were reportedly stored on-site, which exacerbated the disaster. Furthermore, it was reported that similar unapproved gaming zones have emerged in Ahmedabad, posing significant risks to public safety.
The Court, shocked by the media reports, took suo motu cognizance of the incident, emphasizing the apparent regulatory failures and public safety risks. The Court directed the Registry to register the case as a Suo Motu Public Interest Litigation. The President of the Bar Association was requested to notify the panel advocates of the Municipal Corporations of Ahmedabad, Baroda, Surat, and Rajkot, and the Additional Advocate General of Gujarat.
The Court instructed the Municipal Corporations to provide explanations on the regulatory provisions under which these gaming zones were allowed to operate, including details on licenses and fire safety compliance.
The Court also acknowledged that an application dealing with fire safety issues had been pending, therefore, the Court directed that the same to be circulated along with the new suo motu petition.
The Court scheduled the next hearing for 27-05-2024, requiring the authorities to provide detailed instructions and compliance measures taken by the gaming zones within their jurisdiction.
[R/Writ Petition (PIL) Suo Motu Cognizance, 2024 SCC OnLine Guj 2437, Order dated 26-05-2024]
*Order by: Justice Biren Vaishnav
Advocates who appeared in this case :
Brijesh Trivedi, President, Bar Association, Gujarat High Court
