The court emphasized the need for compliance with regulatory requirements for public safety when allowing fireworks displays.

JUDGMENT

The permission sought for by the respective petitioners for display of the fireworks in connection with the events mentioned in the Writ Petitions is refused. In W.P.(C).No.12906/2026, Ext.P8 is the impugned Order, whereas it is Ext.P7 in W.P.(C).No.12805/2026.

2. The reasons stated in these rejection Orders are more or less the same; that is to say, the absence of a permanent magazine, the absence of a Risk Assessment and On-Site Emergency Plan by an agency approved by P.E.S.O. and lack of time for sampling. This court notice that these grounds are dealt with in several judgments issued by this Court, including Exts.P10 to P13 produced in W.P. (C).No.12906 of 2016. For the same set of reasons stated therein, the impugned Orders cannot be sustained and the same will stand set aside. There will be a direction to the District Collector to grant permission to the respective petitioners for display of fireworks, subject to the following conditions:

(i) The respective petitioners shall produce portable magazine/magazines to the satisfaction of the authorities for the storage of the fire works.

(ii) The petitioners shall satisfy all other requisite conditions for fireworks display under LE-6 license to the satisfaction of the authorities.

(iii) Before commencement of the fireworks display, barricades shall be put up at a distance of 100 metres of the display point on all sides and no one except the persons who are performing fireworks display shall be permitted into the prohibited area of 100 metres.

(iv) The quantity of the fireworks shall be limited to 15 kilograms.

(v) The police department and other statutory authorities shall supervise the entire fireworks display and issue necessary directions, if necessary.

(vi) In case of violation of any of the conditions, it will be open to the District Collector or other competent officials to take appropriate action in accordance with law.

3. As regards the inspection of the sample, the petitioners, in both the cases will produce the same before the District Collector today itself by 05:00 P.M. The District Collector will stand directed to receive the samples, and do the needful for testing/identification of the same, to ascertain whether there is any objectionable material in the crackers. In these cases, the above exercise shall be completed by 05.00 p.m. tomorrow.

4. The learned Government Pleader will inform the gist of the judgment to the District Collector forthwith.

These Writ Petitions will stand allowed, as indicated above.