Notice issued by Bombay HC for the use of non-agricultural land lead to breach of of the provisions of the Explosives Rules

Notice issued by Bombay HC for the use of non-agricultural land lead to breach of of the provisions of the Explosives Rules This Writ Petition filed to challenge the orders dated 18.11.2020 passed by the Collector and District Magistrate, Buldana and the order dated 07.06.2021 passed by the Divisional Commissioner, Amravati Division, Amravati in proceedings arising out of the Explosives Act, 1884.

Facts

This is case of the petitioner that pursuant to grant of no objection certificate by the Additional District Magistrate, Buldana on 17.03.1997 the petitioner is operating fire cracker shops/godowns on Survey No.86 at Mouza Shirajgaon, Taluka Khamgaon, District Buldana. On 10.10.2018 the respondent no.3 moved an application before the District Magistrate praying therein that since the aforesaid business was being carried out by the petitioner in breach of the provisions of the Explosives Rules, 2008, the no objection certificate granted in favor of the petitioner be cancelled. Thereafter the District Magistrate on 17.10.2018 issued a notice to the petitioner and sought his clarification on various aspects stated in the said notice. It appears that on 29.10.2018 the explosives godowns were inspected. During the course of inspection, various shortcomings were noticed and hence on 31.10.2018 the District Magistrate issued a show cause notice to the petitioner calling upon him to explain as to why the no objection certificate granted earlier should not be cancelled. The petitioner was called upon to show cause by 03.11.2018. The District Magistrate found it fit to seek further guidance in the matter from the Controller of Explosives and he directed that till such guidance was received the petitioner’s Godown be sealed.

Findings

District Magistrate and thereafter the Divisional Commissioner have noticed absence of due permission being obtained for non-agricultural use of the lands where the godowns were situated. No doubt, being Authorities under the Maharashtra Land Revenue Code, 1966, the District Magistrate and thereafter the Divisional Commissioner had the jurisdiction to go into the said aspect. However before going into that matter the petitioner ought to have been noticed in that regard and his response to the allegation that there was no permission for nonagricultural use of the land ought to have been obtained. No such notice was given to the petitioner. On the contrary without considering the deficiencies mentioned in the show cause notice dated 31.10.2018 and the petitioner’s response to the same, the no objection certificate has been cancelled for a different reason. Such course of action would be impermissible. The Authorities have held against the petitioner by relying upon grounds of which no notice was given to the petitioner.

Judgment

Therefore, the order passed by the the Collector and District Magistrate, Buldana and the order dated 07.06.2021 passed by the Divisional Commissioner, is set aside. To Read Judgement Download PDF Given Below: