IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) (DIRECTION) NO. 52 of 2025 ======================================

CHANDAR SINGH NAYAK Versus STATE OF GUJARAT & ORS.

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Appearance:

MR RONITH JOY, ADVOCATE and MR MEHUL DHANDE for MR UTKARSH J DAVE(10620) for the Applicant(s) No. 1 MS MAITHILI MEHTA, ASSISTANT GOVERNMENT PLEADER for the Opponent(s) No. 1,2,3,4,5,7,8 NANAVATI & CO.(7105) for the Opponent(s) No. 6 ======================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS.

JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 15/12/2025

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS.

JUSTICE SUNITA AGARWAL)

1. Affidavit dated 13.12.2025 of the Collector, Banaskantha filed in compliance of the order dated 25.11.2025 in the Court today is taken on record. It is stated therein that the Home Department of the State Government vide communication dated 30.06.2025 had issued directions concerning the issue of licence for storage, sale and manufacture of fireworks. Pursuant thereto, all Sub-Divisional Officers in District- Banaskantha were directed to undertake comprehensive inspection to ensure that no illegal sale, storage or manufacturing of fireworks is taking place within their respective jurisdiction. After due verification, the District Administration has cancelled the licence of storage, sale or manufacturing of fireworks. While saying so, the copy of the guidelines dated 30.06.2025 has been appended with the affidavit.

2. It is further contended that even prior to issuance of the guidelines by the Home Department, Government of Gujarat dated 30.06.2025, an order dated 02.04.2025 had been passed from the office of the District Collector, Banaskantha pertaining to the requirements to be met for the premises for manufacture, storage and sale of all fire crackers by licence holders. Inspection teams were constituted to inspect the licenced premises and after thorough inspection, even licences of all such premises were revoked, where minor violations of the prescribed conditions were found. A copy of the conditions applicable to such licence holders has also been appended with the affidavit.

3. It is, thus, contended by the District Collector, Banaskantha that all endeavors have been made with a view to prevent recurrence of such tragic incident, which had occurred on 01.04.2025 in the firecracker warehouse known as Deepak Traders in the Industrial area of Deesa. The contention is that the District Collector, Banaskantha had acted promptly with due diligence even in conducting rescue and relief operations and that the explosion was of such magnitude that the entire Reinforced Cement Concrete (RCC)

and the walls of the structure collapsed and 21 persons were found dead on the spot.

4. The steps taken by the District Magistrate, Banaskantha for grant of compensation under the Public Liability Insurance Act, 1991 by issuance of a public notice dated 21.05.2025 has further been disclosed in the affidavit, to submit that Banaskantha District Administration has acted with promptitude by adopting humane approach in the aftermath of the unfortunate incident.

5. Taking note of the above, suffice it to record that the explanation given by the District Magistrate, Banaskantha are about the action taken only after occurrence of the incident on

01.04.2025.

6. Another affidavit dated 09.12.2025 of the Under Secretary, Home Department has been placed on record before us by the learned Assistant Government Pleader appearing for the State - respondents. It is stated therein that the State Government took suo motu cognizance of the incident which occurred on 01.04.2025 and a Special Investigation Team (SIT) was constituted on 02.04.2025. On receipt of the report of the SIT dated 12.05.2025 received by the Home Department, a circular dated 30.06.2025 has been issued, containing recommendations made by the SIT in its report.

7. The said Circular was forwarded to all Municipal Commissio