- (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. I have heard learned counsel for the parties. A preliminary objection has been taken by the respondent's counsel that the petitioner has no locus standi to file the writ petition. Reliance for this purpose is placed upon a decision reported in AIR 1962 SC 1044, Calcutta Gas Co. (Proprietary) Ltd. v. State of West Bengal. It is urged that the petitioner has failed to prove the existence of a legal right and as such is not entitled to maintain this petition. The aforesaid decision of the Supreme Court has been referred to in a subsequent decision of that Court reported in AIR 1966 SC 828, Gadde Venkateswara Rao v. Government of Andhra Pradesh. The Supreme Court observed as follows: "This Court held in the decision cited supra that 'ordinarily' the petitioner who seeks to file an application under Art. 226 of the Constitution should be one who has a personal or individual right in the subject-matter of the petition. A personal right need not be in respect of a proprietary interest; it can also relate to an interest of a trustee. That apart, in exceptional cases as the expression 'ordinarily' indicates, a person who has been prejudicially affected by an act or omission of an authority can file a writ even though he has no proprietary or even fiduciary interest in the subject-matter thereof. The appellant has certainly been prejudiced by the said order. The petition under Article 226 of the Constitution at is instance is, therefore, his maintainable." In the instant case the permission has been granted by the authorities concerned to the respondent No. 4 for the purpose of constructing a godown for storage of gas-cylinders. According to the allegations in the petition such an act will prejudicially affect the petitioner inasmuch as it will endanger his life and property and that of the residents of the Bagicha. As such, in my opinion, the preliminary objection has no legs to stand upon and must be repelled.
(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: (1) Explosive- (a) means gunpowder, nitro-glycerine, dynamite, guncotton, blasting powders, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those above-mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and (b) includes fog-signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined. The liquid petroleum gas which is compressed in metal cylinders for use for domestic purposes is not included in this definition, but under Section 17 of the Indian Explosives Act the Central Government has been authorised to extend the definition of "Explosive" to other substances, which appear specially dangerous to life and property by a notification in the official gazette. Section 17 of the said Act runs as follows: "17. The Central Government may, from time to time, by notification in the Official Gazette, declare that any substance which appears to the Central Government to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act, and the provisions of this Act (subject to such exceptions, limitations and restrictions as may be specified in the notification) shall accordingly extend to that substance in like manner as if it were included in the definition of the term 'explosive' in this Act." By Notification No. M-1272 (1) dated 28th September, 1938, gas compressed in a metal cylinder has also been included within the definition of the term 'explosive' as defined in the Indian Explosives Act. This notification runs as follows: "No. M-1272 (1), dated the 28th September, 1938. In exercise of the powers conferred by Sec. 17 of the Indian Explosives Act, 1884 (4 of 1884), the Central Government is pleased to declare that any gas when compressed in any metal container whether such gas when so compressed be in the gaseous or liquified state shall be deemed to be an explosive within the meaning of the said Act: Provided that nothing in the above shall be deemed to affect the provisions of the notification of the Government of India in the late Department of Commerce and Industry, No. 596-D, dated the 6th December, 1919, relating to acetylene." As such there can be no doubt that the gas in question would now be covered by the expression 'explosive' as defined in the Indian Explosives Act and the Rules made thereunder would clearly be applicable.;