Jai Hind Sewa Kendra (Ngo) vs Union Of India & Anr.
2017 Latest Caselaw 5497 Del

$~25
*IN THE HIGH COURT OF DELHI AT NEW DELHI

+              W.P.(C)No.8820/2017 and CM Nos.36034-35/2017

%                              Date of decision : 27th September, 2017


       JAI HIND SEWA KENDRA (NGO)          ..... Petitioner
                     Through : Mr. Abhijat and Mr. Ashish
                               Kumar, Advs.

                           versus

       UNION OF INDIA & ANR.                         ... Respondents
                     Through :           Mr. Ajay Digpaul, CGSC for
                                         UOI/R-1.
                                         Mr. Sanjoy Ghose, ASC for
                                         GNCTD/R-2          with     Mr.
                                         Rhishabh Jetley, Adv.

       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                           JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE

CM No.36035/2017 Allowed, subject to just exceptions.

The application is disposed of.

W.P.(C)No.8820/2017 and CM No.36034/2017

1. This writ petition, filed as a public interest litigation, complains that while inviting applications for issuance of licences for sale of fire

crackers, the Delhi Police is not complying with the requirement of Rule 84 of the Explosive Rules, 2008 and more particularly the mandate of sub-rule 2 of Rule 84 of the Explosive Rules, 2008.

Mr. Sanjoy Ghose, Additional Standing Counsel appearing for the respondent no.2 disputes this position.

2. We have examined the provisions of the Explosives Act, 1884 as well as the Explosives Rules, 2008 framed thereunder. So far as the sale of fireworks during festivals is concerned, Rule 84(2) of the Explosive Rules, 2008 empowers the District Magistrate to issue temporary licences for possession and sale of fireworks in a temporary shop provided that "The sheds for possession and sale of fireworks shall be at a distance of at least three metres from each other and fifty metres from any protected work".

3. It cannot be denied that the statutory mandate as well as the stipulations of the Rules framed thereunder have to be strictly adhered to and complied with.

4. Our attention is drawn by Mr. Sanjoy Ghose, Additional Standing Counsel for the respondent no.2 to a writ petition being W.P.(C)No.9771/2015, Harit Vikas (NGO) v. Union of India & Ors. decided by an order dated 14th October, 2015, laying a similar challenge.

5. On a consideration of the issues pressed by the petitioner, this writ petition is disposed of with a direction to the respondents to ensure that the provisions of the Explosives Act, 1884 and the Explosive Rules, 2008 framed thereunder, especially Rule 84(2), are strictly adhered to while considering for issuance of licences for sale

of fireworks and crackers in Delhi in the ensuing festival season.

Dasti under signatures of the Court Master.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J SEPTEMBER 27, 2017 aj