ORDER :

The present batch of review petitions have been filed for modification/rectification of the order dated 11.05.2018 passed by this court in W.P.(C) No. 2017 of 2018 and other analogous cases whereby the writ petitions were disposed of with a direction to the petitioners to shift their places of business to such places where there is accessibility of fire extinguisher vehicle within a period of two months from the date of the order and thereafter to make applications before the competent authority for grant of ‘No Objection Certificate’.

2. Earlier the writ petitions being W.P.(C) Nos. 1069/2018, 2017/2018, 2071/2018 & 2075/2018 (2018 (3) JLJR 359) were filed by the petitioners challenging the decision of the respondent authorities whereby the petitioners were directed to shift their present places of business to other place as they were carrying on the business of sale of fireworks at the said place in violation of Rule 83 of the Explosive Rules, 2008.

3. The aforesaid writ petitions were dismissed by this Court vide common judgment dated 11.05.2018. Para 11, 12 & 13 of the said judgment are quoted hereinbelow:-

“11. Moreover, in the present case the petitioners have been given sufficient opportunity to explain their cases and only thereafter the impugned direction has been issued. The legislature in its wisdom enacted Explosive Act, 1894 in order to regulate the manufacture, possession, use, sale, transport and importation of explosives and in order to carry out the object and purpose of the Act, 1894, Rules have been framed from time to time in exercise of the powers conferred under the Act. Presently, the Rules, 2008 is in vogue. Rule 102 of Rules, 2008 provides that any person who desires to obtain a licence for manufacture, possession for sale or use of explosives shall obtain no objection certificate from the District Magistrate or Director General of Mines Safety, as the case may be, before commencing construction of the premises. Further, Rule 103 provides the procedure to be observed for issuance of no objection certificate and for grant of licence. After getting application, the District Magistrate shall make verification of the antecedents of the applicant, lawful possession of the site, genuineness of the purpose, interest of public and any other verifications or enquiries as may be specifically required by the licensing authority to be carried out, if any, and on any other matter as deemed necessary. For verification of the interest of public, the District Magistrate shall forthwith cause a notice to be published calling upon the public to submit objections and only after hearing the objections, shall take any decision. Further Rule 115 provides that any ‘no objection certificate’ granted under Rule 103 may be cancelled by the authority issuing the same or the authority superior to it, if the authority is satisfied that the cancellation of no objection certificate is absolutely necessary for public peace and safety. It is further provided that before cancellation of the no objection certificate the licensee shall be given reasonable opportunity of being heard. Thus, on consideration of the aforesaid provisions of Rules 2008, it would emerge that the licensee is not entitled to continue with the no objection certificate if the public peace and safety is put in question.

12. In order to ensure public peace and safety, apart from other conditions, clause (e) of Rule 83(4) specifically provides that the place of business of any fireworks must be accessible for fire-fighting. Thus, in any violation thereof, the authority is required to take appropriate action against the licensee and the same cannot be challenged merely on the ground that the licence and no objection certificate have been granted to the licensee after following due procedure. Ranchi is fast developing city resulting in immense growth in population and business activities throughout the city particularly ‘Upper Bazar’ area which is also known as busin