- (1.) This intra -Court appeal is directed against the order Dt. 16.12.2014 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant's S.B. Civil Writ Petition No. 9072/2014. Appellant is distributor of Liquefied Petroleum Gas(LPG) cylinders on behalf of the Bharat Petroleum Corporation in Sikar town. And for storage of gas cylinders the appellant has a godown, which is reportedly located in a densely populated area. A joint meeting was held by the District Collector with the appellant and other similarly situated distributors, wherein it was resolved that godowns situated in densely populated areas be shifted elsewhere. The District Supply Officer, Sikar also served an order Dt. 22.08.2014 to the appellant to shift the godown elsewhere. Aggrieved, the appellant filed S.B. Civil Writ Petition No. 9072/2014, which the learned Single Judge has dismissed by the impugned order. The learned Single Judge has held that decision to shift the godown from a densely populated area has been taken in larger public interest and hence it must be honoured.
(2.) In Mamta Shah v/s. State of M.P., : 2007(4) MPLJ 321, while dealing with an identical issue, Division Bench of the Madhya Pradesh High Court has held that: - - 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 Sec. 18 of the Act. Sec. 6B of the Act provides for grant of licences under the rules made by the Central Government under Sec. 5 of the Act inter alia for possession and sale of explosives or any specified class of explosives. Sec. 6C of the Act provides that, notwithstanding anything contained in Sec. 6B, 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 Sec. 6C(1)(c)]. Sec. 6C 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 Sec. 6E(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 Sec. 6C and 6E 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. This legal position has not been disputed by the learned Additional Advocate General appearing for the State.
(3.) Therefore, if the licensing authority finds that the location of a LPG Cylinder Depot or Godown is in a densely populated area so as to affect the safety of public, it is empowered to refuse to renew the licence or suspend or revoke the licence to such LPG Depot/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.;