K. R. Ramaswamy @ Traffic Ramaswamy v. State, rep. by Chief Controller, Explosives Department & Others
2008-10-20
ASOK KUMAR GANGULY
body2008
DigiLaw.ai
Judgment :- Heard the learned counsel for the petitioner, learned Government Pleader appearing for respondents 1 and 4 and the learned counsel appearing for respondents 2 and 3. The fifth respondent is also represented before us. This writ petition has been filed, in public interest, in order to ensure safety in the matter of sale and storage of fireworks and crackers during the Diwali season. 2. It is common knowledge that during Diwali, in the matter of bursting and display of fireworks, many innocent people die and damage to property is also reported on account of accidents caused by such fireworks. No Diwali has passed without an accident involving loss of property and considerable number of lives, including children. Therefore, under the rules, certain safeguards have been provided in the matter of granting licence for sale, possession and storage of fireworks. These requirements have been made statutorily under the provisions of the Explosives Act, 1884 and the Rules made thereunder, including the Forms. As far as the city of Chennai is concerned, the licensing authority for grant of such licence is the Commission of Police. It is obvious that while granting such licence, the Commissioner must abide by those safety norms. 3. The safety norms which are provided under Rules 135 and 137 of the Explosives Rules, 1983 are set out herein below: "135. Construction of premises.– (1) All explosives on the premises shall be kept in a brick, stone or concrete building which is closed and secured so as to the prevent unauthorized person from having access thereto. .(2) The premises shall have a floor area of minimum nine square meters. .(3) The premises shall have independent entrance and exit. .(4) If the premises are situated in a building used for other purposes also, such premises shall not be situated under a staircase and shall be so located as not to obstruct any passage in, from or to the building in case of fire or accident." "137. Safety distances to be maintained.– The premises licensed in Form 24 for storage and sale of small arms, nitro-compound, fire works or [gun powder and] or safety fuse shall be at a distance of minimum 15 meters from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials]". 4. The learned Government Pleader produces before us a Notification dated 29.
4. The learned Government Pleader produces before us a Notification dated 29. 1984 purported to have been issued by the Central Government under sub-section 2 of Section 14 of the Explosives Act, 1884, whereby the rigours of Rules 135 and 137 of the Explosives Rules, 1983 have been exempted in respect of grant of temporary licence. The said notification of exemption is also set out herein below : "G.S.R. 687(E), dated September 27, 1984.– In exercise of the powers conferred by sub-section (2) of Section 14 of the Explosives Act, 1884, the Central Government hereby exempts from the provisions of sub-rule (1) of Rule 135, Rule 137 and Condition 1 of the Licence in Form 24, of the Explosives Rules, 1983, the explosives of Class-7 FIREWORKS, DIVISION-2 and any person or class of person desiring to possess and sell the said explosives at a temporary shed under a licence to be issued in Form 24 of the Explosives Rule, 1983, by the District Authority subject to the following conditions, namely :- 1. The fireworks shall be kept in a shed made of non-flammable material which is closed and secured so as to prevent unauthorised persons having access thereto. 2. The sheds for possession and sale of fireworks shall be at a distance of at least 3 metres from each other and 50 metres from any protected works. 3. The sheds shall not be facing each other. 4. No oil burning lamps, gas lamps or naked lights shall be used in the shed or within the safety distance of the sheds for the purpose of lighting. Any electrical light, if used shall be fixed to the wall or ceiling and should not be suspended by flexible wire. Switches should be fixed rigidly near the ceiling and a master switch should be provided for each row or sheds. 5. Display of fireworks shall not be allowed within 50 metres of any shed." 5. Learned counsel for the petitioner submits that during this Diwali also, large quantity of fireworks and crackers will be stored in several shops, which he has mentioned by filing a typed set. According to the writ petitioner, in Bunder Street, there will be five shops; in Badrian Street, there will be four shops; in Malayaperumal Street, there will be one shop; in Anderson Street, there will be five shops and in Umpherson Street, there will be one shop.
According to the writ petitioner, in Bunder Street, there will be five shops; in Badrian Street, there will be four shops; in Malayaperumal Street, there will be one shop; in Anderson Street, there will be five shops and in Umpherson Street, there will be one shop. In all, there will be about 16 shops in the said area selling and storing fireworks. Learned counsel submits that the shops are located in narrow streets and all the streets are adjacent to each other. 6. The apprehension of the petitioner is that all these shops will be busy doing brisk business of selling crackers and other fireworks giving a complete go-by to the safety norms. The petitioners apprehension is that there is no proper maintenance of exit point and the requisite distance between the shops is not maintained. As such, in the unfortunate event of any accident taking place, large number of innocent people would die. The counsel for the petitioner submits that in the facts and circumstances of this case, the State cannot deny its responsibility to comply fully with the rules and regulations before granting or renewing any temporary licence for the sale and storage of fireworks. 7. This Court finds that there is a lot of substance in the aforesaid contention and apprehension of the petitioner. This Court can take judicial notice of the fact that due to the callous discharge of duty by various public authorities in recent times, innocent people have lost their lives. The Court can also take judicial notice of the fact that during the ensuing Diwali, these shops will be crowded by hundreds of people, and in such an event, maintenance of safety regulations is of the utmost importance. 8. The Court, therefore, directs that the second respondent, i.e., the Commissioner of Police, Greater Chennai City, while granting temporary licence for the sale and storage of fireworks and crackers, must follow very strictly all the rules and regulations under the Explosives Act, 1884, as amended and must also ensure all other safety measures which have been suggested by this Court in its orders dated 10. 2007 and 210. 2007 are complied with. This Court specially makes the Commissioner of Police, Greater Chennai City responsible to ensure that all the safety measures are scrupulously followed and there should be no laxity in this regard. 9.
2007 and 210. 2007 are complied with. This Court specially makes the Commissioner of Police, Greater Chennai City responsible to ensure that all the safety measures are scrupulously followed and there should be no laxity in this regard. 9. Learned Government Pleader submits that before applying for the permission, No Objection Certificate has to be obtained from the Fire Service Authorities. He handed over before this Court a copy of conditions which can be issued before granting N.O.C. This Court makes it very clear that before granting the temporary licence, the Commissioner of Police must ensure whether the clearance has been obtained from the Fire Service Authorities and whether No Objection Certificate has been granted or not. 10. The writ petition is thus disposed of. There shall be no order as to costs. Consequently, W.P.M.P. No.40822 of 2005 is closed. 11. In view of the order passed in the writ petition, no order need be issued in the contempt petition and it is accordingly closed.