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1994 Supreme(Raj) 571

RAJESH BALIA
Deepak Singh – Appellant
Versus
Dilip Singh – Respondent


JUDGMENT

1. - Petitioner is licensee to deal in liquefied Petroleum Gas under the Explosive Act and Rules framed thereunder, for which a godown is situated at Rambag which is stated to be property of Mali Sansthan, nature of which is disputed between the parties. For the present purposes it may be stated that the godown is alleged to so constructed on an area of 30' x 51' feet. The constructed portion is surrounded by open boundary on all four sides. l On the Eastern side of the premises their is a road, part of which is mattled and part is kachha. The breadth of road is said to be 30 feet. The godown or the storage of L.P. Gas is required to be kept clear from all source of heat furnace or fire up to a distance of 9 meters on all sides according to specification given under the Gas Cylinders Rules 1981. The suit for injunction was filed by the respondents against the petitioner for restraining him from parking trucks of L.P.G. Cylinders on the road and from loading and unloading of cylinders on. the road alleging that on account of stationing the trucks on the road for the purpose.of loading and unloading of the gas cylinders which is a highly explosive gas, is a source of continu







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