Punjab-Haryana High Court
M/S Raj Transport Co. Private Limited vs Shri Kahan Singh Pannu on 27 September, 2010
Author: Hemant Gupta
Bench: Hemant Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision : 27.09.2010
COCP No.1353 of 2010 (O&M)
M/s Raj Transport Co. Private Limited
...Petitioner
Versus
Shri Kahan Singh Pannu, IAS, Deputy Commissioner, Amritsar and
another
...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
Present :Mr. P.P.S.Thethi, Advocate, for the petitioner.
Mr. J.S.Puri, Addl. AG, Punjab, for respondent No.1.
Mr. Brijeshwar Singh Jaswal, Advocate, for respondent No.2
HEMANT GUPTA, J. (Oral)
Earlier, the petitioner filed a writ petition before this Court claiming a writ of mandamus for directing the respondents to shift the shops for selling fire crackers to an appropriate place. This Court on 8.11.2001 disposed of the said writ petition on the basis of an affidavit filed on behalf of respondent No.3 and as per the said affidavit, it transpired that owners of the shops have not obtained any licence as required under the Indian Explosives Rules, 1983. It was stated in the affidavit filed on behalf of the State that necessary action has been taken to prohibit the sale of crackers until such period, as the licence is obtained by such persons.
The petitioner filed the present contempt petition alleging violation of the order passed by this Court. Initially, a written statement was filed on COCP No.1353 of 2010 (O&M) 2 behalf of the Deputy Commissioner pointing out that the directions have been issued from time to time prohibiting the illegal sale and storage of fire crackers and the SSP, Amritsar City and the SDM, Amritsar-I have been directed to comply with the orders of this Court. In a separate reply by the Assistant Commissioner of Police, Central, Amritsar, it has been pointed out that an FIR has been registered against the persons, who have violated the provisions of Explosive Act, 1884.
On 21.09.2010, when the present contempt petition was taken up for hearing, Amritsar Fire Works Association was impleaded as respondent No.2 on the oral request made by Mr. Gurdial Singh Jaswal. After hearing the learned counsel for the parties, Mr. Surinder Lamba, Advocate was appointed as Local Commissioner to give his report regarding storage of explosives in the shops of Service and Light Industries Truck Stand Scheme (Pataka Market). Such order was passed as there was controversy, as to whether the crackers are stored in the shops owned by the Members of the Association. Mr. Lamba has submitted his report dated 23.09.2010 pointing out the storage of crackers in some of the shops.
Mr. Jaswal has pointed out that the Members of Association are the dealers in fire crackers, who are granted licence for a limited period around the Diwali season and since Diwali festival is in the near future, the Administration may be directed to consider the request of the Members of Association for granting them appropriate licence. Mr. Jaswal has also filed an affidavit of Harish Kumar Dhawan, President of the Amritsar Fire Works Association, inter alia, undertaking that the fire crackers shall be sold during Diwali season after adopting all safety norms and will shift the remaining fire crackers within two weeks after Diwali to a safe place or to a place, COCP No.1353 of 2010 (O&M) 3 which is licensed and that the Members of Association would follow/comply with the proper procedure while storing the fire crackers in the area possessed by the Members of Associations.
After going through the stand of the petitioner and that of the respondents, it transpires that the Members of Association have stored crackers in their shops and such storage may not be with the proper licence under the Explosive Act, 1884. But keeping in view the fact that Diwali season is around the corner and in view of the undertaking given by the President on behalf of the Members of Association, I deem it appropriate to dispose of the present contempt petition with following directions:
(i) That the Competent Authority shall consider the grant of licence, on receipt of proper application from the eligible candidates, in accordance with the provisions of the Explosive Act, 1884 and the Rules framed therein.
(ii) That the Members of Association and all other licencee shall comply with the terms and conditions of licence strictly.
(iii) That the Members of Association and all other licencee shall not store any explosive in the shops in dispute except in accordance with the conditions of licence and in the manner permitted by law.
The said directions are without prejudice to the rights of the parties in any pending proceedings or are initiated prior to the order passed by this Court.
COCP No.1353 of 2010 (O&M) 4
The Members of Association are permitted to apply for licence within a period of one week. If any such application is moved, the competent authority under the Act shall consider the same in accordance with law.
With the said observations and directions, the present contempt petition stands disposed of.
27.09.2010 (HEMANT GUPTA) Vimal JUDGE