Public safety is paramount in licensing for fireworks displays, and timely submission of applications along with necessary safety plans is essential.

JUDGMENT :

(VIJU ABRAHAM, J.)

All these writ petitions are filed challenging orders passed by the Additional District Magistrate, whereby the application submitted by the petitioners for the issuance of LE-6 licence has been rejected.

2. In W.P.(C) Nos.10984, 11108 & 11135 of 2024, one of the reasons stated by the respondents for rejecting the application is that the petitioners have not submitted the application two months prior to the scheduled fire works display and that no sufficient time was available to conduct the risk assessment study and prepare a disaster management plan and to take necessary steps to make arrangements to tackle with any untoward incident that might happen during the fireworks display. Further objection raised by the additional District Magistrate in all these cases is that no magazine as stipulated by the PESO is made available and that the petitioners have not submitted the risk assessment plan as well as the on-site emergency plan. Yet another objection raised is that the samples of the explosives have not been verified so as to find out whether there are any objectionable ingredients have been used while manufacturing the explosives.

3. The learned Government Pleader upon instructions submitted that since the applications were not submitted by the petitioners in few of the cases within the time stipulated, there was no sufficient time to make necessary arrangements to conduct the risk assessment study and prepare a disaster management plan and that the petitioners have not submitted any risk assessment plan or on-site emergency plan as stipulated by the PESO, without which the authorities cannot direct the petitioners to make necessary arrangements for the safe and smooth conduct of the fireworks display.

4. I have heard the learned counsel for the petitioner in all these writ petitions and the learned Government Pleader.

5. In view of defects noted by the Additional District Magistrate while rejecting the applications, I am of the opinion that the reasoning given by the said authority in rejecting the applications cannot be said to be arbitrary and unreasonable. In view of the defects noted in the impugned orders, the district administration cannot make necessary security and disaster management arrangements for an event which can endanger the life and property of people as the applications has not been submitted within time and further that no risk assessment plan as well as the on-site emergency plan has been submitted by the petitioners. Even though I find that the objection regarding not having a magazine as provided by the PESO could be cured by substituting it by a portable magazine, taking into consideration the fact that due to failure of submitting the risk assessment plan and on-site emergency plan, the district administration will not be in a position to make necessary risk assessment plan and prepare a disaster management plan. In view of the fact that there is no sufficient time for the petitioners to cure the defects pointed out in the impugned orders and there is no sufficient time for the authorities to make necessary safety arrangements for the smooth conduct of the fireworks display, I am of the view that the reliefs sought for by the petitioners in these writ petitions cannot be granted. It is no doubt that large number of people will assemble in the temple premises in connection with the festival and to watch the fireworks display. Without making necessary arrangements for their safety if the fireworks display is permitted to be conducted, the same will not be in the interest of the public as the safety of the public is of prime importance in such circumstances. Taking into consideration the defects noted in the impugned orders, I am of the view that the relief sought for by the petitioners cannot be granted. In similar circumstances this Court has dismissed the writ petitions filed as W.P.(C) Nos.10570 & 10709 of 2024 and I find no reason to take a different view that was taken ea