SANJAY KISHAN KAUL, J. - (1.) ON the first call, a request for passover was made. On the second call, again learned counsel for the petitioner is stated to be not available. The position was the same on the last date of hearing. Thus, we proceed to dispose of the petition on the basis of the pleadings and the submissions advanced before us.
(2.) THE petitioners have approached this Court seeking enforcement of the provisions of the Explosive Act, 1884 and the Gas Cylinder Rules, 2004 and for removal of the illegal storage/activity of filling gas being undertaken by various industries/hospitals in Punjab and Haryana. A further writ of mandamus is sought to frame the Rules. In the status report filed by respondent No.4 i.e. Deputy Chief Controller of Explosives, Chandigarh, it has been stated that the use of cryo- containers is a latest development in the gas industry which is required to be kept in double wall containers. Many of the users started using cryo containers of capacity less than 1000 liters for their use as no licence was required, though each cylinder had to be mandatorily approved by the Chief Controller of Explosives. The Government is stated to have constituted an Expert Committee to look into the matter vide office Memorandum dated 08.06.2012. In pursuance to the recommendations made, the notices were issued to the suppliers and users to discontinue illegal storage of industrial gases in cryogenic cylinders with immediate effect. It is stated that all efforts are being made to ensure compliance of Gas Cylinders Rules, 2004 and a meeting has been held with the stake-holders on 16.03.2012 which includes the issue of storage.
(3.) THE impediment is stated to be any action arising from the directions passed in Civil Writ Petition No. 28079 of 2012 stated to be pending before the Karnataka High Court at Banglore. We are informed that the petitioner is also supplier and Filler of such Cryo gas. A further development which has taken place is that a report of the Expert Committee has been made on 15.03.2013 which is stated to be pending consideration before the Ministry of Commerce & Industries, Government of India.;