Delhi HC seeks licencing authority response on plea challenging notifications on temporary fireworks, crackers
Sep 16, 2021
New Delhi [India], September 16 : The Delhi High Court on Thursday asked the city Commissioner of Police to file a reply to a plea challenging a notification inviting applications for the grant of temporary fireworks and crackers license during the Diwali.
A bench of Chief Justice D N Patel and Justice Amit Bansal issued notice to the Delhi Police Commissioner and listed the matter for further hearing on October 1.
The Court was hearing public interest litigation (PIL) filed by lawyer Prachi Goel, through her advocate vide notification dated September 10, 2021, the Commissioner of Police has invited applications for the grant of temporary fireworks and crackers license during the ensuing Diwali festival.
But the petitioner claimed that he had done a thorough research and found that notification dated September 10, 2021, inviting applications for the grant of Temporary Fireworks and Crackers License during Diwali festival is violative of and contrary to the provisions prescribed under The Explosives Act, 1884 and the Explosive Rules, 2008.
"The combined effect of Rule 84 read with Rule 2 (43) of the Explosive Rules, 2008 is that no Temporary Fireworks and Crackers License (for Pucca shops as well as for sheds) shall be granted unless and until there exists at least 50 meters distance from any 'protected work' which includes inter alia public road, shop, market, hospitals, dwelling house etc," the petitioner said.
In terms of the Notification dated September 10, 2021, one of the requirements for grant of temporary license for temporary sheds state that 'The sheds should be at a distance of at least 3 meters from each other and 50 meters from any protected works' but this mandatory condition as prescribed under Rule 84 of the Explosive Rules, 2008 does not find mention in the requirements for the grant of temporary license for a PUCCA shop, the petitioner said.
Goel henceforth sought an appropriate direction to quash the notification dated September 10, 2021, issued by the Commissioner of Police regarding issuance of Temporary Fireworks License qua PUCCA shop and to declare that same as illegal, arbitrary, ultra virus and violative of Rule 84 of the Explosive Rules, 2008.
The petitioner also urged the Delhi High Court to restrain the Respondent from granting temporary fireworks and crackers license qua any site whether a Temporary shed or a PUUCA shop in violation of Rule 84 of the Explosive Rules, 2008 and unless and until the proposed site is 50 meters away from any 'protected works' as defined under Rule 2(43) of the Explosive Rules, 2008 which includes inter alia a public road, dwelling House, Hospital, public way, school, shop, market, factory etc.
