2024 Rajkot Fire Case | Gujarat High Court Asks State Government To Inform On Structure Of Fire Services

The Gujarat High Court on Friday (May 2) asked the State government to inform about the structure of fire services in the State. 

A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi were hearing a batch of pleas including the suo motu petition initiated by the high court last year after twenty-seven individuals, including four children, perished in the massive fire that engulfed the game zone in Rajkot's Nana-Mava locality on May 25, 2024. 

During the hearing the bench asked as to who was incharge of the recruitment process. Advocate General Kamal Trivedi appearing for the State submitted that corporations are doing recruitment on their own. The court was informed that the Gujarat Fire Prevention and Life Safety Measures Act 2013 was applicable. 

The court thereafter orally asked, "What is the structure of fire services?There has to be a Chief Fire Officer, additional chief fire officer, deputy chief officer, divisional fire officer, station officer, sub fire officer, fireman, driver. What is the position of vacancy?".

The court was informed that there is no alternative fire service, however each corporation is to ensure regarding fire structure.

"One fire service is not implemented for the reasons they have pointed out. But there is a higher officer who is supposed to be incharge of this or not?," the court orally asked.

The advocate general said, "Yes, Director is there and Urban Development and Housing department is monitoring and there was also a Principal Secretary is also there". 

The advocate general further said that Director looks after implementation of policy in the entire state and  virtually he can oversee functions discharged by municipal corporations and municipalities.

"Otherwise act of 2013 contemplated that there would be one fire service and that is why this set up of director, deputy director and everything came in. Once you decided not to have any independent fire service, rather it was not practically feasible then municipal corporations were asked to set up these fire services. Once there is a Director under the urban and housing department then he is required to monitor, oversee," the court orally said. 

Meanwhile the petitioner advocate Amit Panchal said that Municipal corporations are under another act and Director is appointed under fire prevention act. 

The court thereafter asked what does the Director and Deputy Director set up does. 

Panchal said that outside the corporation area the Directorate works with regional fire officer which are under directorate. 

The court then orally asked about set up of Regional Fire office and was told that the set up was almost the same but with different names. 

"Then this Director under 2013 Act should have some power to supervise everyone why only municipalities where there is no municipal commissioner?," it asked. 

The court was told that so far as municipalities are concerned the Director has got power, barring municipal corporations. The court was told that municipalities do not have an independent set up unlike municipal corporations. 

"Then you need to bring set up before us as to how you have decided to cater to the needs of the people.The areas which are under direct supervision of Director fire service and areas which are under supervision of corporation, then manpower, infrastructure everything has to be brought on record.We want that structure that has not come before us. Structure for the entire state," the court orally said. 

Panchal submitted that where corporations do not function, the regional fire officers are under supervision of Director and Deputy Director who have to perform the duties, but so far the infrastructure here is not existing. 

The advocate general said that the set up/infrastructure regarding the fire services in the State–including municipal corporations, municipalities and areas other than municipalities, areas that come under Director fire services etc., will be brought before the court. 

The court further said that instead of each corporation filing an affidavit, each corporation's commissioner can report to principal secretary and the principal secretary can file the affidavit. With regard to municipalities, the commissioner of municipalities should file the affidavit regarding existing structure manpower, equipment and shortage. 

"They have to conduct meetings and issue necessary instructions so that it is taken care of...Amongst all these what is the role of Director, fire services," the court further orally said. 

"If he is concerned with policy is not implemented, then there has to be a coordination. He must have some say, some control. See what role the Director plays in the set up. Different areas and different bodies are under control of different persons. So then what is the role of this set up. You may have delegated this...but an executive body, controlling body has to be there which can be under Principal Secretary Urban development department. That is not an issue. So that they are answerable. Someone can ask for a report and they are directly answerable," the court orally said.  

"As of today Principal Secretary does it. Every 15 days he conducts a meeting," the advocate general said. 

"So we are asking him and we also requiring you to place before us what is the structure and control and power of the Director (under 2013 Act)," the court orally said. 

With respect to fire NOC's obtained by schools Panchal said that the state government should know about the data. 

On the issue of fire NOC obtained by schools in the State, the court was told that as of April 25, 137 schools are in the process of becoming fire complaint out of total schools in the state. 

On the court's query the advocate general further said that "all government schools are fire complaint". 

"Next is hospitals, now do the same which you have done for the schools. That is very much required. What do you propose to do?," the court orally said. 

"The way in which we have referred to the schools, we will file the position with respect to hospitals. To the best of my information by and large hospitals are compliant, perhaps we will see to it that those who are not complying what should be done. We have details on hospitals operating the state by and large and status of fire NOC. We should be able to do that," the advocate general said. 

The court asked the State to inform on number of hospitals and the status of their fire NOCs. 

The matter is next listed on July 18.

Case title: Amit Manilal Panchal v/s State of Gujarat & Ors. and batch along with Suo Motu v/s State of Gujarat & Ors.

R/WPPIL/118/2020 and