MATHA EXPLOSIVES Vs. JOINT CHIEF CONTROLLER OF EXPLOSIVES

JUDGEMENT

(1.) The petitioner had obtained permit to stock explosives in his godown at Vellanoor Village at Pudukottai District. Since new habitations have come up, he sought to shift his godown from Vellanoor Village to Madhiyanallur Village in the very same District. The Revenue and PWD authorities have granted permission to construct a godown for the said purpose. The second respondent had also endorsed the same, vide proceedings in Na.Ka.C5/3106/2015 dated 04.03.2016 on condition that the petitioner shall acquire private lands for having access to his godown. Accordingly, the petitioner has also purchased the lands for passage. Thereafter, the petitioner's request for grant of "No Objection Certificate" was rejected on 01.09.2017, against which, he preferred WP(MD)No.17543 of 2017, in which, this Court, by its order dated 22.09.2017, set aside the rejection order passed by the second respondent and remanded the matter for re-consideration, after giving opportunity of hearing to all the parties concerned.

(2.) The petitioner on 06.10.2017 made a representation to the second respondent to re-consider the issue, as directed by this Court dated 22.09.2017. He has also enclosed a copy of the order for ready reference of the second respondent. After conducting enquiry on 10.11.2017 and 16.11.2017, the second respondent rejected the same on the ground that the petitioner has not obtained proper sanction as required under Section 47-A-2(3) of the Tamil Nadu Town and Country Planning Act, 1971 and that the godown is surrounded by water bodies and cultivable Nanja lands. Hence, it is stated that in the interest of public and to protect the agricultural lands, grant of no objection certificate was rejected, against which, the present Writ Petition came to be filed.

(3.) The respondents would contend that as per Rules 103 and 104 of the Explosives Rules, 2008, the building owner shall obtain prior permission. Without getting prior permission, if he constructs a building for stocking the explosive materials, that cannot be entertained. Therefore, the No Objection Certificate was rejected.