Limited Access Granted to Administrative Staff Amidst Seal Due to Non-Compliance with Fire Safety Norms
In a significant decision dated December 18, 2025, the Gujarat High Court addressed a critical fire safety compliance issue concerning the Vivekanand Education Foundation, an educational institution located in Ahmedabad. Presiding over the matter, Justice Mauna M. Bhatt issued directives to inspect fire safety requirements while granting limited access to administrative staff to manage essential student records.
The case arose when the Ahmedabad Municipal Corporation sealed the premises on December 12, 2025, citing non-compliance with fire safety norms and lack of Building Use Permission. The Vivekanand Education Foundation challenged this action, arguing that they possessed a valid Fire Safety Certificate, renewed on May 27, 2024, and valid until May 27, 2026, for the cellar, ground floor, first and second floors. However, the Municipal Corporation maintained that the certificate was canceled, emphasizing the risk posed in a congested area like Raipur Darwaja, Khadia, where the institution is situated.
The petitioner, represented by Senior Advocate Mr. Sudhir Nanavati, focused the plea on unsealing the premises up to the second floor, excluding the third, fourth, and fifth floors, which lacked Building Use Permission. The respondents, represented by Advocate Mr. G.H. Virk, contested the petition based on the principles of res judicata, given the pending adjudication of a similar earlier application. They underscored the potential risk to over 3,000 students due to inadequate fire safety measures.
Acknowledging the urgency of upcoming university examinations, Justice Bhatt directed the petitioner to file a fresh application by December 22, 2025, seeking an inspection of fire safety requirements for the specified floors. Respondent No. 5, responsible for the inspection, was instructed to conduct the assessment within a week of receiving the application and present the findings to the court by January 6, 2026.
Additionally, recognizing the necessity for administrative operations, the court allowed up to 12 members of the administrative staff access to the sealed premises on December 22, 2025, from 11:00 a.m. to 5:00 p.m. This measure aimed to facilitate the preparation for the university exams without undermining the sealing order.
This decision underscores the court's balanced approach in ensuring compliance with fire safety norms while accommodating the immediate needs of the educational institution. As the inspection proceeds, both parties await further directives based on the findings.
Bottom Line:
Educational Institution - Sealing of premises due to lack of fire safety compliance - Directions issued for inspection of fire safety requirements and limited access for administrative purposes.
Statutory provision(s): Gujarat Provincial Municipal Corporations Act, 1949, The Gujarat Fire Prevention and Life Safety Measures Act, 2022, National Building Code
Vivekanand Education Foundation v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2825328
