AAKASH ANUGRAHA RESIDENTS ASSOCIATION Vs. JOINT CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION FORMERLY DEPARTMENT OF EXPLOSIVES

JUDGEMENT

(1.) THIS writ petition is filed by the Association of the Apartment owners by name, Aakash Anugraha Residents Association, seeking for a direction to the respondents to shift the LPG godown set up by the eighth respondent at Door No. 38 B Soliamman Koil Street, Ayanavaram, Chennai.

(2.) ACCORDING to the petitioner Association, by a representation dated 06.01.2006 sent to the respondents 1 to 3, 6 and 7 as well as to the Home Secretary of the Government of Tamil Nadu, they had pointed out that the eighth respondent was storing LPG Cylinders and on 02.01.2006, there was a leak in the storehouse of the eighth respondent and fearing major catastrophe, the residents were forced to run out of their houses and also the fire service was alerted. But the fire service personnel could not reach the place even after three hours. They also reminded the authorities that the fire service personnel cannot reach the location and it is inaccesible because of the narrow stretch of the entries and the entire godown premises is surrounded by residential apartments and the godown is operated without any licence in the said premises and they also requested the Director of Fire Services not to give any No Objection Certificate to the said premises because of the public safety involved. They also draw to the notice of the authorities the order of the Government passed in G.O.Ms. NO.329 Rural Development and Local Administration Department dated 24.02.1977 wherein it was pointed out that under the Development Control Rules, storage of gas cylinders is not permissible in the primary and residential zones and the storing of cooking gas has to be in places close to or amidst residential houses and since it is a public utility, there cannot be any objection from placing it in a primary residential zones provided necessary clearance is obtained from the Director of Fire Service and Department of Explosives, Government of India.

(3.) WITH reference to the incident mentioned in the affidavit, it was stated that even before the Police arrival, the cylinder leakage was found and removed. They are also having explosive licence for both the storages and the earlier order of the Chennai Corporation cancelling the trade licence was challenged by them for which they also obtained interim stay. However, with reference to the accessibility of the fire service personnel's entry into the premises in which the godown is situated with their vehicles in case of emergency, the counter affidavit was totally silent.