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Its The Responsibility Of The Administration To Identify Safe Areas For Sale Of Firecrackers: Allahabad High Court

Sparsh Upadhyay
4 Nov 2021 1:13 PM GMT
Its The Responsibility Of The Administration To Identify Safe Areas For Sale Of Firecrackers: Allahabad High Court
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The Allahabad High Court recently observed that it is the responsibility of the administration to identify the safe areas where the sale of fire crackers shall be permissible.The Bench of Justice Ajay Bhanot was hearing the plea of one Manoj Mittal, whose application for renewal of licence regarding the storage and sale of crakers was rejected by the Saharanpur District administration...

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The Allahabad High Court recently observed that it is the responsibility of the administration to identify the safe areas where the sale of fire crackers shall be permissible.

The Bench of Justice Ajay Bhanot was hearing the plea of one Manoj Mittal, whose application for renewal of licence regarding the storage and sale of crakers was rejected by the Saharanpur District administration earlier this year.

In his plea, it was submitted that while rejecting the application, the procedure prescribed under Section 118 of Explosives Rules 2008 had not been followed.

Further, it was also submitted before the Court that he had been running a business of selling firecrackers and that over the years and that his shop had acquired a high reputation in the market.

He also informed the Court that being a responsible citizen, he was willing to shift his business of selling firecrackers at any suitable place appointed by the State authorities.

Against this backdrop, noting that the matter needs consideration, the Court, as an interim measure, permitted the petitioner to set up a firecrackers shop at South City Maidan, Delhi Road, Police Station-Sadar, District Saharanpur, a place approved for sale of firecrackers by the State authorities.

Apart from this, the  Court also ordered that the impugned orders passed by the respondent authorities withdrawing no objection and canceling explosive licences be revisited in wake of the submissions made on behalf of the petitioner.

Significantly, observing that the State administration has not prohibited the sale of fire crackers, the Court lauded the policy decision of the administration of shifting fire crackers shops from densely populated areas.

However, the Court also underscored that it is the responsibility of the administration to identify the safe areas where the sale of fire crackers shall be permissible.

The Court also asked the District Magistrate, Saharanpur, to file an affidavit after identifying all such areas in the District Saharanpur.

In related news, the Calcutta High Court on Wednesday disposed of a petition seeking directions for the proper implementation of prior Supreme Court orders on the regulation of firecrackers during the upcoming festivals. This comes in the wake of the Supreme Court setting aside the order of the Calcutta High Court which imposed a complete ban on the use of firecrackers in the State of West Bengal.

The Orissa High Court on Monday allowed the use and sale of only 'green crackers' during the upcoming festivities pursuant to the prior directions of the Supreme Court.

A Division Bench comprising Chief Justice S. Muralidhar and Justice BP Routray was adjudicating upon a plea moved by an association of firecracker manufacturers called All Odisha Fireworks Dealers Association and Others.

Case title - Manoj Mittal v. Union Of India And 4 Others

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