On June 13, after perusing an affidavit filed by the Rajkot Municipal Corporation, the Court noted that there was no building use permission obtained by the owners or the occupiers of the building in which the Rajkot gaming zone was located.
It noted that the gaming zone started its operations merely with the permission granted by the police under Section 33(x) of the Gujarat Police Act, 1951, which provides for regulating the sale of tickets or passes for admission to a place of public amusement.
Additionally, it noted that even after an application for regularising the structure was submitted under the Gujarat Regularization of Unauthorised Development Act (GRUDA), no action had been taken.
The Court concluded that the municipal officials had failed to discharge their duties properly.
“From the above, it is at least evident that the Municipal Commissioners of Rajkot Municipal Corporation who were holding charge during the erection of the building-in-question, i.e. the TRP gaming zone, and occupation and use thereof, have failed to discharge their duties and responsibilities to ensure that no unauthorised structure is occupied or permitted to be used by any person without a proper building use permission following structural and fire safety norms or erection of building,” the Court said.
Noting the complete lack of any fact-finding inquiry by the State to determine which officers were responsible for such lapses, the Court proceeded to order the Principal Secretary of the Urban Development and Urban Housing Department to constitute a high-level committee comprising three senior officers to conduct an inquiry.
This committee has been tasked with conducting a fact-finding inquiry to identify the faults of the erring officers of the Rajkot Municipal Corporation, including the municipal commissioners who served from the date when the first pillar of the gaming zone was installed until the date the fire incident occurred.
The matter will be heard further on July 4.
Source: Barandbench
