Justice G. Girish was considering a plea seeking directions to the authorities to consider an application for a temporary fireworks shop licence without applying the requirements introduced by the amendments.

The petitioner, who has been conducting the temporary sale of fireworks during festive seasons, had filed an application before the District Collector, Thiruvananthapuram for a temporary licence for fireworks shops meant to be conducted during the upcoming festival season.

The first respondent, District Collector had directed the concerned authorities including the Tahsildar, Station House Officer and the Fire and Rescue Services to ascertain whether the requirements incorporated by way of amendments to Rules 83 and 86 of the Explosives Rules, 2008, have been complied by the petitioner.

The present petition is filed for issuing appropriate directions to consider the application for licence dehors the newly incorporated requirements under the amendment.

According to the amendments, Rule 83 states that the shop shall be located on the ground floor of a single-storeyed building with independent or standalone activity, having an independent entrance and emergency exit opening directly to open space and having doors opening outwards.

Before the amendment the rule stated that the store must be located on the ground floor of a building, it did not mention that the building must be standalone.

The amendments also require not less than two or more fire extinguishers of Dry Chemical Powder (DCP) type and Carbon dioxide (CO2) type be placed at strategic points of the shop.

The amendment to Rule 86 has inserted sub- rules which detailed safety requirements to the existing fireworks shops, which included installation of automatic fire detection and alarm system, automatic portable or gravity fed water sprinkler system for fire suppression, alternate power supply or battery backup, centralised large electric panel etc.

The counsel for the petitioner submitted that the newly incorporated amendments made to Rule 83 and Rule 86 of the Explosives Rules, 2008 are not applicable for granting temporary licence sought by the petitioner.

It was further submitted that the rejection of temporary licence to the petitioner on ground that requirements under the amendment are not complied would in effect, work injustice.

The government pleader, on the other hand submitted that the present writ was premature, since the first respondent, District Collector is yet to take a decision on the application for licence.

The Court noted that the Rule 84 of the Explosives Rules, 2008 governs the requirements and eligibility conditions to be fulfilled for grant of temporary license for possession and sales of fireworks in a temporary shop and not Rule 83 and 86 of the rules.

“Thus, there is no justification for insisting the compliance of the amendments made to Rule 83 and Rule 86 of the Explosives Rules, 2008, vide Ext.P3, for the grant of temporary licence for the conduct of fireworks shop.” Court noted.

The Court further noted that this aspect could be further discerned from the wordings of Sub Rule 7 of Rule 86, which emphasises the term 'existing fireworks shop'.

“It has to be taken that the legislature has consciously incorporated the above term in Sub Rule 7 of Rule 86, to make it clear that the requirements stipulated thereunder are meant for fireworks shops of permanent nature.” the Court added.

The Court thus concluded that the prayer of the petitioner to direct the concerned authorities to consider his application for licence for temporary fireworks dehors the requirement incorporated to Rule 86 is justified.

The Court hence directed the concerned authorities to consider and take a decision on the application filed by the petitioner for temporary licence for fireworks shops dehors the requirement incorporated by way of amendment to Rule 86 of the Explosive Rules, 2008.

Counsel for Petitioner: Biju Balakrishnan, V.S. Rakhee, Akshaya S. Nair, Jayakumar C, Sandra Sunny Otta

Counsel for Respondent: O.M. Shalina (DSGI), Sreehari Indu Kaladharan (GP)