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           For the State      :    A.C. to G.A.IV, A.C. to A.G.,
                                   A.C. to Sr. S.C.I & A.C. to G.P.I
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07/11.05.2018: These batch of writ petitions have been preferred against the decision of the respondent authorities, whereby the petitioners have been directed to shift their firework shops from the present place of business to other place for alleged violation of Rule 83 of the Explosive Rules, 2008 (in short Rules, 2008).

6. Heard learned counsel for the parties and perused the materials available on record.

7. The respondents have given much stress to the argument that the petitioners are carrying on business in violation of Rule 83 of Rules, 2008 and as such before coming to the merit of the case, it would be appropriate to quote said rule, which reads as under:-

"83. Explosives permitted for possession and sale from shop.--

(1) No explosives, other than fireworks, gun powder, small arm nitro compound and safety fuse, permitted in licence shall be stored in a shop for possession and sale.

11. Moreover, in the present case the petitioners have been given sufficient opportunity to explain their cases and only thereafter the impugned direction has been issued. The legislature in its wisdom enacted Explosive Act, 1894 in order to regulate the manufacture, possession, use, sale, transport and importation of explosives and in order to carry out the object and purpose of the Act, 1894, Rules have been framed from time to time in exercise of the powers conferred under the Act. Presently, the Rules, 2008 is in vogue. Rule 102 of Rules, 2008 provides that any person who desires to obtain a licence for manufacture, possession for sale or use of explosives shall obtain no objection certificate from the District Magistrate or Director General of Mines Safety, as the case may be, before commencing construction of the premises. Further, Rule 103 provides the procedure to be observed for issuance of no objection certificate and for grant of licence. After getting application, the District Magistrate shall make verification of the antecedents of the applicant, lawful possession of the site, genuineness of the purpose, interest of public and any other verifications or enquiries as may be specifically required by the licensing authority to be carried out, if any, and on any other matter as deemed necessary. For verification of the interest of public, the District Magistrate shall forthwith cause a notice to be published calling upon the public to submit objections and only after hearing the objections, shall take any decision. Further Rule 115 provides that any 'no objection certificate' granted under Rule 103 may be cancelled by the authority issuing the same or the authority superior to it, if the authority is satisfied that the cancellation of no objection certificate is absolutely necessary for public peace and safety. It is further provided that before cancellation of the no objection certificate the licensee shall be given reasonable opportunity of being heard. Thus, on consideration of the aforesaid provisions of Rules 2008, it would emerge that the licensee is not entitled to continue with the no objection certificate if the public peace and safety is put in question.

13. Under the aforesaid circumstance, the present batch of writ petitions are disposed of with a direction to the petitioners to shift their place of business to such places where there is accessibility of fire extinguisher vehicle within two months from the date of this order and thereafter they shall make application(s) before the competent authority for grant of no objection certificate(s). The said application(s) of the petitioners shall be taken up by the competent authority on priority basis within the sphere of the Explosive Act and Rules, 2008. The respondents shall not take any coercive action against the petitioners within the period of two months as indicated herein above.