PRADEEP KUMAR Vs. CHIEF CONTROLLER OF EXPLOSIVES NAGPUR

JUDGEMENT

(1.) THE petitioner is a registered Medical Graduate and resides in a house situated in an Ahata known as Chandrika Prasad Bagicha, situated in Mohalla Chunniganj, Kanpur. The Bagicha lies in one of the thickly populated commercial and residential localities of Kanpur. A trust was created in 1917 in respect of this Bagicha and one Mukandi Lal Garg was acting as its Managing Trustee till 22nd March, 1975. No new trustee has since been appointed.

(2.) THE petitioner's case is that Srimati Rabia Begum respondent No. 4, who is a war widow, started raising construction over a portion of the aforesaid Bagicha in May, 1975, in close proximity to the petitioner's residential house. On an enquiry the petitioner came to know that she had obtained a lease in respect of 1,000 Sq. yards of land in this Bagicha from Mukandi Lal Garg on 1-2-1975 for the construction of a godown for the storage of 500 gas cylinders. The petitioner's father Dr. M.G. Mangalani also resided with him. The other residents in different houses in this Bagicha are Virumal Dumble, F.C. Sayal and Ram Kishan Ramaini. The petitioner's case is that the residents, of the locality sent telegrams and letters to the District Magistrate, Senior Superintendent of Police and the Administrator, Nagar Mahapalika, Kanpur requesting them to prevent respondent No. 4 from raising the constructions and storing gas cylinders but to no effect. There is a great panic in the locality as the storing of the gas cylinders is dangerous and its explosion would lead to tremendous loss of life and property of the residents of the Bagicha. Hence the present writ petition.

(3.) THE petitioner's counsel has contended that it is incumbent upon respondent No. 4 to obtain a licence under the Indian Explosives Act and the Rules framed thereunder, for storing and sale of gas cylinders. No such licence having been obtained, the respondent No. 4 is not entitled to store and sell the gas cylinders. I have been referred in this connection to the provisions of the Indian Explosives Act. Section 4 (1) of this Act defines 'explosive' as follows: