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Gujarat high court pulls up state government over Rajkot game zone fire

Jul 05, 2024 08:58 AM IST

A bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi stressed the need for accountability while hearing a suo motu Public Interest Litigation on Thursday

The Gujarat high court has pulled up the state government over the Rajkot game zone fire that claimed 27 lives in May, questioning why a demolition order against the illegal structure was not executed for nearly a year after a previous incident came to light.

The court said there has to be some system for checks and balances. (Getty Images/iStockphoto)
The court said there has to be some system for checks and balances. (Getty Images/iStockphoto)

A bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi stressed the need for accountability while hearing a suo motu Public Interest Litigation on Thursday even as the state government submitted its “fact-finding inquiry” report in a sealed cover. A committee of bureaucrats appointed after the court’s dissatisfaction with the fire investigation submitted the report.

Advocate-general Kamal Trivedi informed the court about another fire at the game zone in September 2023 after which the demolition order was issued.

Chief Justice Agarwal questioned why was not the order executed. “This is not a case where authorities were not unaware of this illegal construction.”

Kamal Trivedi said two officials, who were aware of the situation, were suspended and arrested.

Chief Justice Agarwal noted that the revision for the demolition of dilapidated/unauthorised buildings did not take place. “If you delegated powers to someone else in the department, you have to keep a check on how those powers are exercised.”

Kamal Trivedi said the matter was not brought to the notice of the commissioner and that the concerned official sat on the demolition order. He added the commissioner was transferred without posting.

Chief Justice Agarwal said there has to be some system for checks and balances. “From day one, our emphasis is that the house is to be put in order. By merely saying that there is a mistake, nothing is going to happen...”

She said it was a kind of warning that the authorities should look at their house and put it in order. “And this is what the essence of our order. “...taking action against a few persons will not help you. The working has to be revisited so that lapses and loopholes are taken care of.”

The court expressed displeasure over the state government’s submission that the then Rajkot municipal commissioner was unaware of the illegal structure as the town planning officer and his office were dealing with the matter and had sent the demolition notice.

Chief Justice Agarwal said they could not say that this was not brought to their notice. “It is not an excuse. Even I cannot say that. I have to take responsibility for everything; good or bad. This should be the approach of the head of an institution.”

She added they cannot put the state in this situation for the sake and benefit of a few officers. “It has a lot of potential. And one after the other, if this kind of incident is happening, it is very serious.” She was referring to other such incidents in the last few years including the Harni Boat (Vadodara) and the Morbi Bridge tragedies.

The court ordered the submission of the Special Investigation Team report and an Action Taken Report by July 25.

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