The Telangana High Court has held that an Explosives Act licence to run a wholesale firecracker shop does not exempt its premises from fire safety requirements under the Telangana Fire Services Act, 1999.

It upheld the State's power to regulate the trade for public safety, but held that traders could not be required to obtain another licence under the Fire Services Act. The court thus held that there was no overlapp between the two enactments and the complainces have to be made under both acts.

A Single Judge Bench of Justice Suddala Chalapathi Rao observed:

“Evidently, the licences for running the firecracker shops will be issued by respondent No.5 under the Explosives Act, 1884. However, in respect of the premises where the petitioners are carrying on their business, the primary requirement is compliance with the Telangana Fire Services Act, under which appropriate safety and precautionary measures have to be followed by the petitioners, who are wholesale traders in firecrackers.”

The Fire Works Dealers Association and five of its members, all wholesale firecracker traders, challenged G.O.Ms.No.47 dated April 27, 2016, and consequential Fire Services Department notices. They already held licences under the Explosives Act.

The notices required some members to obtain licences under Section 30 of the Fire Services Act. Following inspections, the Department also directed them to provide prescribed fire safety measures.

Advocate P. Sri Ram, appearing for the petitioners, argued that their Explosives Act licences precluded a second licensing requirement. He contended that the Fire Services Act did not apply to their shops.

Sridhar Bhuvanagiri, Assistant Government Pleader for Home, submitted that the two enactments did not overlap. The G.O. and notices were intended to ensure safety where fireworks were sold and stored.

The issue was whether the State's fire safety requirements overlapped with or were repugnant to the licensing regime under the Explosives Act.

The Court held that respondent No.5 issues firecracker business licences under the Explosives Act, while the Fire Services Act governs safety measures at the traders' premises. The two enactments “stand on different footing” and do not overlap.

Finding no illegality in the G.O., the Court held that the State had ample power to regulate the trade to prevent danger to public safety. It nevertheless said that respondent Nos.1 to 4, having recommended issuance of the Explosives Act licences, could not require the petitioners to obtain licences again under the Fire Services Act.

The fire authorities could inspect the premises and submit safety reports to respondent No.5 when the traders' licences came up for renewal. If a danger to life or safety arose in the meantime, they could inspect after giving notice and submit a report for respondent No.5 to deal with according to law.

The writ petition was disposed of.

Case Title: The Fire Works Dealers Association & Ors. v. State of Telangana & Ors.

Case No.: W.P. No. 36091 of 2016

Appearance: P. Sri Ram for the petitioners; Sridhar Bhuvanagiri, Assistant Government Pleader for Home, for respondent Nos.1 to 4.

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