The Bombay high court on Monday directed the Thane Municipal Corporation (TMC) to conduct a survey / inquiry in the entire Kopari area of Thane to check whether any shopkeeper is storing more quantity of firecrackers than permissible, and whether any shopkeepers are selling crackers without requisite licence.
A bench of Chief Jiztixe DK Upadhyaya and Justice Amit Borkar issued the direction while hearing a petition by The Kopari Bachav Samiti highlighting that certain shopkeepers are storing more quantity of crackers than permissible during the coming Diwali festival and that there are certain other shopkeepers who are selling crackers without having any requisite license issued to them.
Petitioner’s advocate, Vaibhav Gaikwad, submitted that as per the rules, the municipal authorities can grant temporary licence to sell firecrackers in open area or grounds. Also, shopkeepers have a limit on the quantity of storing firecrackers in shops. However, shopkeepers are storing more than the permitted quantity of firecrackers in residential areas.
“These shop owners should not sell more than allowed. In case there is any untoward incident, then common public will suffer,” Gaikwad added.
However, NR Bubna, advocate for TMC, countered saying that they have not granted licenses to sell in any residential area. So, they are not allowing shopkeepers to store more Quantity of firecrackers than allowed. He wise that in case anyone has any grievance, then he can file a complaint against particular shopkeeper. There can’t be a general grievance, Bubna added.
The bench, however, noted that it would be difficult for an individual to gather data.
“It will be difficult for residents to find which shopkeeper has kept more firecrackers than permitted quantity. Your (TMC) machinery should check and find out,” said CJ Upadhyaya.
The bench directed TMC to conduct survey / Inquiry in the entire Kopari area within one week.
It has also directed that in case any discrepancies are found or shopkeepers are found to have stored more quantity of crackers as is permissible or some shopkeeper is found running the crackers shop without license, “appropriate action which may be warranted under law shall also be taken by the concerned authorities of the Municipal Corporation”.
