District Magistrate Must Reassess Criteria for Increasing Explosive Storage from 25 to 100 Kgs As There Are Different Standards for Each Limit: Kerala HC

The Kerala High Court has held that the District Magistrate has to reassess all criteria before approving an application to increase the allowed storage of explosives from 25 kilograms to 100 kilograms.

The Court noted that the criteria for assessing a storage increase to 25 kilograms differ from those for 100 kilograms.

In that context, the Bench of Justice C Jayachandran observed that, "The petitioner is seeking three times enhancement as regards the quantity to be stored. He was only permitted... to store 25 kilograms, which is now sought to be enhanced to 100 kilograms. The parameters of enquiry for storing 25 kilograms cannot be said to be similar and the same, as the parameters for an enquiry for storing 100 kilograms. Therefore, the contention that, once a licence is issued to store explosives, the same is liable to be enhanced without any further enquiry by the District Magistrate, cannot be countenanced."

The petitioner was dissatisfied with an order from the Additional District Magistrate, which denied their request to increase the storage limit of explosives from 25 kilograms to 100 kilograms. This decision was based on documents from the District Police Chief and the Panchayat, both of which refused to issue a 'No Objection Certificate' for the increased storage.

The petitioner argued that, according to Rule 103(3)(b) of the Explosives Rules, 2008, there was no need for public notice or a 'No Objection Certificate' from the Police Chief or Panchayat. Therefore, the rejection of their request was deemed unsustainable by the petitioner.

The Court held that Rule 103(3)(b) of the Explosives Rules, 2008, eliminates the requirement for public notice for objections if the quantity of explosives does not exceed 100 kilograms. However, the District Magistrate must still consider other factors outlined in Rule 103(3) when granting a license or permit for storing explosives. These factors include

(1) The antecedents of the applicant.
(2) The lawful possession of the site.
(3) Genuineness of the purpose.
(4) Interest of public.
(5) Any other verifications or enquiries as may be specifically required by the licensing authorities to be carried out.
(6) Any other matter has deemed necessary.

The Court highlighted the importance of public safety, stating that it falls within the scope of "any other matter as deemed necessary." This includes the safety of nearby residents. Rule 107, which speaks of "making such enquiry," supports this interpretation. The Court thus concluded that considerations such as public safety must be thoroughly addressed even if the quantity of explosives does not exceed 100 kilograms.

However, the Court directed the District Magistrate to reconsider the application, by observing that, "inasmuch as, a 'No Objection Certificate' from the Panchayat, or for that matter of the District Police Chief, is not specifically contemplated, and inasmuch as the rejection of the petitioner's request vide Ext.P9 is solely based on such refusal to issue 'No Objection Certificate', Ext.P9 cannot be sustained."

Cause Title: Soman TN Vs Additional District Magistrate & Ors.

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