- 1 - NC: 2025:KHC:1332 WP No. 33441 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 33441 OF 2024 (GM-RES) BETWEEN: 1. MRS. PRAMEELAMMA, D/O RAMALINGAREDDY, AGED ABOUT 55 YEARS, 2. MRS. SHANTHAMMA, AGED ABOUT 53 YEARS, W/O SHIVAREDDY, 3. MR. MANJUNATHA REDDY, S/O R. VENKATAREDDY, AGED ABOUT 50 YEARS, ALL ARE R/AT PULASANAVODDU VILLAGE, KASABA HOBLI, GUDIBANDE TALUK - 561 209. …PETITIONERS (BY SRI. MOHANA CHANDRA P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1332 WP No. 33441 of 2024 CHIKKABALLAPURA - 562 101. 3. MR. B. SATHEESH REDDY, ADULT, M/S. S.L.V ENTERPRISES, PULASANAVODDU VILLAGE, KASABA HOBLI, GUDIBANDE TALUK - 561 209. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2; SRI. MANJUNATH B.R, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING IMPUGNED ORDER DTD 15.07.24 PASSED BY R4 IN PROCEEDINGS NO.M.A.G(2)CR.06/22-23 VIDE ANNEXURE-G AND CONSEQUENTLY ISSUING NOC DATED 25.07.2024 TO THE R3 VIDE ANNEXURE-H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for respondent Nos.1 and 2. Sri.Manjunath.B.R, learned counsel who is present in the Court appears for respondent No.3. 2. The grievance of the petitioners is that a no- objection certificate is issued by respondent No.2-Deputy - 3 - NC: 2025:KHC:1332 WP No. 33441 of 2024 Commissioner, Chikkaballapura District, to respondent No.3 for grant of license for possession and use of explosives from magazines of Class-2 upto 20000 kgs; Class-6 Division-I 40000 mtrs and Class-6 Division-III 44000 numbers, without considering the objections filed by the petitioners. It is the contention of the petitioners that they have residential houses that are at a distance of less than 500 Mtrs from the shop/godown of respondent No.3, where they seek to store the explosives. It is the contention of the learned counsel for the petitioners that such a no objection certificate could not have been issued by the Deputy Commissioner without considering the objections filed by the petitioners and without considering the relevant provisions of law. Attention of this Court is drawn to Rule 113 of the Explosives Rules, 2008, which prescribes the documents required to be submitted for approval and grant of license. Clause-9 in the table at Rule 113 prescribes the material required to be placed by respondent No.3 before the Deputy Commissioner for possession and use for agricultural purposes or in small quarry explosives not exceeding 50 kilograms of Class-I, II or III; 1500 numbers of detonators; 1500 meters of detonating fuse or safety fuse at any one time - 4 - NC: 2025:KHC:1332 WP No. 33441 of 2024 in a magazine. Similarly, Clause-10, 11 and 12 prescribe various other requirements, depending upon the volume of the explosives to be stored. Learned counsel for the petitioners submits that the Deputy Commissioner has not looked into any of the provisions before granting NOC to respondent No.3. It is contended that the minimum distance maintainable has been prescribed in terms of Rule 113 in Form DE-1, wherein a minimum distance of 650 meters is prescribed from such shops/godowns with reference to dwelling houses, public buildings, temples, mosques, churches, and other places of worship etc. 3. However, this Court finds that on an application filed by respondent No.3 on 28.07.2024, NOC has been given on 25.07.2024. Learned counsel for respondent No.3 submits that respondent No.3 is making all preparations for storage of the explosives in terms of the NOC but the license is still not granted by respondent No.3 by the competent authority. 4. Having regard to the facts stated herein above, this Court is of the considered opinion that respondent No.2-Deputy Commissioner, was required to consider the objections filed by - 5 - NC: 2025:KHC:1332 WP No. 33441 of 2024 the petitioners. It is not a mere formality that objections are considered, having regard to the serious consequences that may follow if there is any untoward incident. Moreover, in terms of the prescribed application form itself, a minimum distance of 650 meters as a safety distance is required to be ensured. The impugned order at Annexure-G dated 15.07.2024 passed by respondent No.2-Deputy Commissioner simply places reliance on a report submitted by the Tahsildar stating that there are only agricultural lands around the vicinity and there are no objectionable places such as schools, colleges, places of worship, etc., within a distance of 500 Mtrs. It does not specify as to the contentions raised by the petitioners that they have their dwelling houses within a distance of 500 meters from the place in question. The matter therefore requires reconsideration. 5. Accordingly, the petition stands disposed of while remanding the matter back to respondent No.2-Deputy Commissioner, for reconsideration of the objections filed by the petitioners, who stated that their dwelling houses are within a distance of 500 mtrs from the place in question belonging to respondent No.3. The Deputy Commissioner shall cause an - 6 - NC: 2025:KHC:1332 WP No. 33441 of 2024 enquiry in this regard in the presence of the petitioners and respondent No.3, to find out whether the dwelling houses of the petitioners are within the prohibited distances in terms of the acts and the rules. 6. Since the respondent No.3 is making all arrangements for the storage of the explosives in terms of the NOC but is awaiting the grant of license from the competent authority, respondent No.2-Deputy Commissioner shall conduct the enquiry and pass orders afresh as expeditiously as possible and at any rate within a period of four weeks from 23.01.2025. On 23.01.2025, the parties herein are directed to appear before the Deputy Commissioner without waiting for further notice. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv CT: BHK