MAMTA SHAH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner is a teacher of Management subjects. She has filed this writ petition under Article 226 of the Constitution of India as a Public Interest Litigation alleging that school vans and ambulances, run by private hospitals, are using LPG cylinders, which are meant to be used for domestic cooking and the godowns of LPG cylinders are situated near schools at different places in the State of Madhya Pradesh. She has stated in the writ petition that the authorities are not taking steps to check the use of LPG cylinders in motor vehicles and to ensure that the LPG godowns are situated at safe distances from the schools.

(2.) AFTER hearing Mr. Aditya Sanghi, learned counsel for the petitioner, Mr. Jayant Neekhra for the Union of India, Mr. J.K. Pillai for the Indian Oil Corporation and Mr. Vivekanand Awasthy, learned Government Advocate for the State of Madhya Pradesh, we find that the use and storage of LPG cylinders is regulated by the Explosives Act, 1884 (in short "the Act") and the Gas Cylinder Rules, 1994 made by the Central Government under Section 18 of the Act. We further find that extensive powers have been vested under Section 7 of the Act on officers to be specified by the Central Government in the Rules to be made under the Act. We also find that Rule 71 of the Gas Cylinder Rules. 2004, (for short "the Rules") provides that any of the officers specified therein can exercise the powers specified in sub-section (1) of Section 7 of the Act and all District Magistrate of their respective districts and all Magistrates, subordinate to District Magistrates, in their respective jurisdictions are empowered under Rule 71 of the Rules to exercise the powers under Section 7 of the Act. We accordingly direct that the District Magistrates of all the districts of the State of Madhya Pradesh as well as the Magistrates, subordinate to the District Magistrates in their respective jurisdiction, will exercise powers as conferred on them under Section 7 of the Act so as to ensure that LPG cylinders are not used in vehicles contrary to the provisions of the Act and the Rules made threunder. Actions taken by the Magistrates subordinate to the District Magistrates, in this regard will be intimated to the District Magistrates of their districts and the District Magistrates of the districts will file affidavits of compliance both by them and their subordinate Magistrates within two months from the date of receipt of the copy of this order from the Registry of this Court.

(3.) SECTION 6-B of the Act provides for grant of licences under the rules made by the Central Government under Section 5 of the Act inter alia for possession and sale of explosives or any specified class of explosives. Section 6-C of the Act provides that, notwithstanding anything contained in Section 6-B, the licensing authority can refuse to grant a licence where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence [See Section 6-C(1)(c)]. Section 6-C further provides that the licensing authority may, by order in writing, suspend a licence for such period or revoke a licence if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence [See Section 6-E(3)(b)]. Thus, even in a case where a licenced depot, in which LPG cylinders are kept, is located beyond the distances mentioned in the Rules and the licence conditions mentioned in the forms appended to the Rules the licensing authority, if he deems it necessary for public safety, refuse to renew the licence or to suspend or revoke the licence under the provisions of Sections 6-C and 6-E of the Act. In other words, public safety will be the overriding consideration for the licensing authority and not the distances, as mentioned in the Rules or the conditions of licence in the forms appended to the Rules. Therefore, if the licensing authority finds that the location of a LPG Cylinder Depot or Godown is too near a school so as to affect the safety of the school children, he is empowered to refuse to renew the licence or suspend or revoke the licence to such LPG Depots/Godowns, even though such Depots/Godowns are located beyond the distances mentioned in the Rules and the conditions of licence in the forms appended to the Rules.