IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 34 of 2024 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2024 In R/WRIT PETITION (PIL) NO. 34 of 2024 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2024 In R/WRIT PETITION (PIL) NO. 34 of 2024 With R/WRIT PETITION (PIL) NO. 118 of 2020 With CIVIL APPLICATION (DIRECTION) NO. 1 of 2024 In R/WRIT PETITION (PIL) NO. 118 of 2020 ==========================================================

SUO MOTU Versus STATE OF GUJARAT & ORS.

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Appearance of WPPIL/34/2024 :

MR DM DEVNANI(5880) as LD AMICUS CURIAE SUO MOTU for the Applicant(s) No. 1 G H VIRK(7392) for the Opponent(s) No. 11,12,13,4,5,7 MR KAMAL TRIVEDI, LD ADVOCATE GENERAL WITH MS MANISHA LAVKUMAR, LD ADDL. ADVOCATE GENERAL WITH MR. VINAY BAIRAGA, AGP for the Opponent(s)

No. 1,10,2,3,8,9 MR HS MUNSHAW(495) for the Opponent(s) No. 15,16 MR KAUSHAL D PANDYA(2905) for the Opponent(s) No. 14,17,18,6 Appearance of WPPIL/118/2020:

MR AMIT M PANCHAL, PARTY-IN-PERSON WITH MR ANGESH A. PANCHAL for the Applicant MR KAMAL TRIVEDI LD ADVOCATE GENERAL WITH MS MANISHA LAVKUMAR LD.

ADDL. ADVOCATE GENERAL WITH MR VINAY BAIRAGA AGP for the Respondent No(s). 1 and 2 MR G. H. VIRK(7392) for the Respondent No. 3 MR H. S. MUNSHAW(495) for the Respondent No(s). 5,6,8,9,10 MR DHAVAL G NANAVATI for the Respondent No(s). 7 and 11 MR CHINMAY M. GANDHI for the Respondent No. 10 ==========================================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 13/06/2024

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

The Public Interest Litigation No. 34 of 2014 has been registered on 26.05.2024 in an unfortunate circumstance of a fire accident occurred in the city of Rajkot. As noted in the first order dated 26.05.2024 passed by this Court, the T.R.P. gaming zone at Rajkot wherein fire incident had occurred claiming lives of about 25 persons including the children, was an illegal construction. Taking note of the newspaper reports and the facts brought before the Court by the learned amicus and further having taken judicial notice of the fact that several gaming zones have come up in the city of Ahmedabad as well, which may also pose threat to the public safety, the matter was posted on 27.05.2024 seeking presence of the panel advocates for the respective Municipal Corporations, to place before the Court the provisions of the laws whereunder the Corporations let these gaming zones, recreational facilities be set up or continued or put up to use. It was directed that the State as well as the respective Corporations shall place as to in what manner and whether the licence including the licence to use and compliance of fire safety regulations were undertaken by these gaming zones in their territorial jurisdiction.

2. On a note put by Mr. Amit Panchal, the learned petitioner advocate, an urgent circulation of Civil Application in Writ Petition (PIL) No. 118 of 2020, which deals with the issue of fire safety measures in buildings/schools etc., has been permitted. The Court has directed all the respondents to seek proper instructions on the Civil Application filed in the PIL of 2020, as well as the suo motu petition of 2024. On 27.05.2024, the learned advocates on behalf of the respondent Corporations and the Chief Fire Officers of the Corporations in the State of Gujarat have put in appearances. Learned Additional Advocate Generals have assisted the Court on behalf of the State respondents. From the submissions of the learned counsels appearing for the Corporations, it was noted by the Court that blatant inaction on the part of the authorities of the Rajkot Municipal Corporation is apparent. It has recorded a prima facie satisfaction that the gaming zone, where the tragedy has occurred, could not have flourished, but for the connivance of the authorities