Punjab-Haryana High Court
Harish Dua & Ors vs State Of Punjab & Ors on 1 October, 2014
Author: Shekher Dhawan
Bench: Surya Kant, Shekher Dhawan
LPA No.1641 of 2014 in
CWP No.21812 of 2012 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
LPA No.1641 of 2014 in
CWP No.21812 of 2012
Date of Decision: 01.10.2014
Harish Dua and others
..... APPELLANTS
VERSUS
State of Punjab and others
..... RESPONDENTS
PRESENT: - Mr. Brejeshwar Singh Jaswal, Advocate
for the appellants.
CORAM: HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE DR. SHEKHER DHAWAN
DR. SHEKHER DHAWAN, J.
This Letters Patent Appeal against order dated 15.07.2014 of the learned Single Judge at the instance of wholesale dealers of crackers of Amritsar. The case has a chequered history and litigation started in the year 2001. Thereafter, annual attempts were made by different cracker dealers to seek permission to carry on the business. The shopkeepers pleaded that they were granted licenses to carry on business. They have been denied the permission this year and alleging that they would suffer immense loss in business though have invested huge amount, that they approached this Court.
Learned Single Judge has vide the impugned order dated 15.07.2014 though permitted the possession of shops and sale of crackers for the coming season but conditionally as may be seen from the following JYOTI 2014.10.16 11:11 I attest to the accuracy and authenticity of this document High Court Chandigarh LPA No.1641 of 2014 in CWP No.21812 of 2012 2 operative part of the order:-
"The Court, therefore, would mandate that provisions of the Explosives Act, 1884 and Explosives Rules of 2008 be adhered to without any laxity.
For the purpose of reference, Rules 83,84,85,86,87 and 88 of the Explosive Rules, 2008 are extracted below :-
"Rule 83. Explosives permitted for possession and sale of shop:
(1) No explosives, other than fireworks, gun powder, small arm nitro compound and safety fuse permitted in licence shall be stored in shop for possession and sale.
(2) Construction of Shop : The shop shall be constructed by bricks, stone or concrete and the shop be closed and secured so as to prevent unauthorized person from having access thereto.
(3) The premises shall have storage area not less than nine square metres and not more than twenty five square metres.
(4) The shop shall
(a) be located on ground floor of a building completely separated from other parts of building by substantial walls having independent entrance and emergency exit from open air and having doors opening outwards, if applicable.
(b) Not be situated in sub level or basement or mezzanine floor
(c) Not be situated under upper floor used for purpose of dwelling
(d) Not under or nearby any staircase or lift.
(e) be accessible for fire fighting.
(f) have no electrical apparatus or battery or oil lamp or similar equipments capable of producing spark or ignition and all electrical writing in the shop be fixed and effectively sealed or conduited or mechanically protected ; the main switch or circuit breaker be provided at the immediate accessible position outside the premises.
Rule 84. Temporary shops for possession and sale of fireworks during festivals :
During festivals, the District Magistrate may issue temporary licences for possession and sale of fireworks in a temporary shop subject to the following conditions namely:-
(1) Fireworks shall be kept in shed made of nonflammable material JYOTI which is closed and secured so as to prevent unauthorized persons 2014.10.16 11:11 I attest to the accuracy and authenticity of this document High Court Chandigarh LPA No.1641 of 2014 in CWP No.21812 of 2012 3 having access thereto.
(2) The sheds for possession and and sale of fireworks shall be at a distance of atleast three meteres from each other and fifty metres from any protected work.
(3) The sheds shall not face 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. Electrical lights, if used, shall be fixed to the wall or ceiling and shall not be suspended by flexible wire. Switches for each shop shall be fixed rigidly to the wall and a master switch shall be provided for each row of sheds.
(5) Display of fireworks shall not be allowed within fifty metres of any shed.
(6) In one cluster not more than fifty shops shall be permitted.
85. Special precautions to be observed for fireworks (1) Subject to other provisions of this rule, fireworks shall not be placed or kept in a shop window used for display of goods. (2) Fireworks in the shop shall be kept in a spark proof receptacle or the original outer packet in which they were received if that package is effectively sealed and in good order and condition. (3) A receptacle or package containing fireworks shall be kept in a position away from and clear of shop traffic and to be separated from all articles of a flammable or combustible nature. (4) Where a package containing fireworks is opened for sale, the fireworks shall immediately be placed in a clean, dust free and spark proof receptacle.
86. Safety distances to be maintained (1) Factory or magazine - The factory licensed for manufacture or magazine licensed for possession, sale or use of explosives shall maintain safety distance specified in Schedule VIII and condition of licence as the case may be.
(2) Store house - The store house licensed for possession of fireworks or safety fuse shall maintain safety distance of three meters from protected works and minimum fifteen metres from such premises or any other premises used for storage of similar explosives, flammable or hazardous materials.
(3) Shop - The shop licensed for storage and sale of small arms nitro compound, fireworks or safety fuse shall be at a distance of JYOTI minimum fifteen metres from any such premises or any other 2014.10.16 11:11 I attest to the accuracy and authenticity of this document High Court Chandigarh LPA No.1641 of 2014 in CWP No.21812 of 2012 4 premises used for storage of similar explosives, flammable or hazardous materials.
87. Sale of other article prohibited. The premises in which small arms nitro compound or fireworks or gun powder or safety fuse is kept shall be used only for possession and sale of such explosives and for no other purposes when small arms nitro compound or fireworks or gun powder or safety fuse is stored.
88. Fireworks to be sold from licensed premises only. No person shall sell fireworks from any premises other than those licensed under these rules."
It was also ordered that no sale of crackers would be permitted from any shop in the future season ensuing without compliance of the aforesaid rules.
The appellants' grievance is that they are carrying on wholesale business of fire crackers. Initially they and co-shopkeepers were running their business from the shops situated in Bazar Papranwala Chowk near Darbar Sahib Ji, Amritsar. The appellants were shifted from the said market to IDH Market near Bus Stand, Amritsar, which was newly constructed market by Deputy Commissioner, Amritsar. In the year 2000, Deputy Commissioner, Amritsar, issued licenses for selling the firecrackers and banned the sale of fireworks from IDH market, Amritsar. It was amicably decided that the appellants would shift to a place which was not populated. The appellants started searching for some appropriate place. The appellants and other co-shopkeepers took 29 shops on rent for a period of one month @ `10,000/- and carried on their business.
While assailing the order passed by learned Single Judge, learned counsel for the appellants came forward with the proposal to install automatic fire equipments in the existing structures so that in case of any JYOTI 2014.10.16 11:11 I attest to the accuracy and authenticity of this document High Court Chandigarh LPA No.1641 of 2014 in CWP No.21812 of 2012 5 untoward incident, same can be able to avoid any loss of property etc. and also to install automatic submersible pumps in the market so that 24 hours water service remains available. Appellants are statedly ready for any other compliance which this Court order for safety of life and property of general public.
Learned counsel for the appellants further alleges that the Administration paid no heed to their proposal and the learned Single Judge also did not verify the distance of the petrol pump storage tank from the shops of the appellants.
Learned counsel for the appellants also relies upon the judgment of Delhi High Court in Ajay Goel Vs. Commissioner of Delhi Police, 2012(10) AD(Delhi) 126 wherein the matter regarding grant of permission for temporary shops for sale of firework during festivals was considered and permission granted.
We have considered the matter in its entirety and are of the view that no fault can be found with the order dated 15.07.2014 passed by learned Single Judge in directing the appellants or other cracker dealers to carry out the business of sale of firecrackers strictly in accordance with mandatory Rules, namely, Rules 83 to 87 of the Explosive Act, 1884 (in short 'the Act'). The appellants, in a way, want this Court to pass an order contrary to the Rules framed under the Central Act.
As regard the plea taken by learned counsel for the appellants that firecrackers dealers are ready to make all necessary provisions of security, the same can be taken up with the Licensing Authority under the JYOTI 2014.10.16 11:11 I attest to the accuracy and authenticity of this document High Court Chandigarh LPA No.1641 of 2014 in CWP No.21812 of 2012 6 Act.
In view of the above, there is nothing to interfere in the order dated 15.07.2014 passed by the learned Single Judge. Therefore, the present Letters Patent Appeal is hereby dismissed.
(SURYA KANT) (DR. SHEKHER DHAWAN)
JUDGE JUDGE
October 01, 2014
jt
JYOTI
2014.10.16 11:11
I attest to the accuracy and
authenticity of this document
High Court Chandigarh