KALI CHARAN Vs. COMMISSIONER OF DELHI POLICE

JUDGEMENT

(1.) THE respondent -Commissioner of Police, Delhi invited applications for grant of temporary licences for selling fire crackers in Delhi during the period from 11.10.2013 to 05.11.2013. The petitioners before this Court applied for grant of such a licence in terms of Rule 113 of the Explosives Rules. The application of the petitioners for grant of such licence were, however, rejected vide two separate orders both dated 24.10.2013 on the ground that a shop exists within the range of 15 meters from the respective shop of the petitioners. Being aggrieved from the aforesaid rejection, the petitioners are before this Court seeking the following relief: -

(2.) THE learned Standing Counsel for the Government of NCT of Delhi, who appears on advance notice, justifies the rejection in view of the provisions of Rule 86(3) of Explosives Rules. The petitioners, on the other hand, rely upon the orders of Honble Supreme Court dated 22.10.1993 and 01.11.1993 in SLP(C) No. 17327 -28/1993.

(3.) PURSUANT to the aforesaid order of the Apex Court, the authorities issued a circular imposing conditions inter alia that the premises to be used for sale of crackers, etc. shall be at a minimum distance of fifteen metres from any such premises used for storage of similar explosives and hazardous materials. When the matter was taken up by the Honble Supreme Court, the authorities agreed to issue instructions to the effect that temporary licenses were not to be denied on the ground that the cracker shops were adjacent to each other. The contention of the learned counsel for the petitioners is that in view of the aforesaid statement made before the Apex Court the respondents cannot deny license on the ground that there is another shop licensed to sell fire crackers within a distance of fifteen metres from the shops of the petitioners.