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by Admin
06 December 2025 9:59 PM
“In the absence of any applicable law, however good the intention… the Health Officer cannot on his own seek implementation of a requirement the law does not contemplate” — In a significant ruling reinforcing the principle that administrative discretion must yield to statutory authority, the Karnataka High Court quashed two endorsements issued by the City Municipal Council, Udupi, refusing to renew trade licences for a firecracker business solely on the ground that the petitioners had failed to produce a "No Objection Certificate" from the Fire Department.
Justice R. Nataraj, sitting in civil writ jurisdiction, held that the requirement of a fire NOC was unsupported by any provision under the Karnataka Municipalities Act, 1964, or any allied regulation governing the renewal of such licences. The Court reiterated that administrative officers cannot condition statutory rights upon requirements that are not prescribed by law.
“Once Explosives Act Licence Is in Place, Municipality Cannot Interfere With Sale or Storage”
The petitioners, A. Venkataraya Nayak and others, had been engaged in the sale of firecrackers in Udupi since 1983, with a licensed godown for storage since 2001. Their business operated under valid LI-5 explosives licences issued by the Controller of Explosives under the Explosives Act, 1884 and Explosives Rules, 1983, along with municipal trade licences renewed annually.
Despite a computer-generated renewal for the term ending in 2028 already being in place, the Municipal Health Inspector, in June 2024, insisted on a fire NOC before issuing a hard copy. Eventually, through endorsements dated 15 January 2025, the municipality refused to renew the licence, citing the absence of a fire NOC and the shop’s location in a “thickly populated” area.
The Court found this approach legally untenable, observing:
“The officers of the explosives department have issued the licence after conducting inspection… The respondent cannot insist upon furnishing an NOC from the fire department which has no role to play in the grant or renewal of trade licence.” [Para 11]
“Statutory Power Cannot Be Supplemented by Discretionary Demands”
The municipality had relied on Sections 256 and 257 of the Karnataka Municipalities Act, 1964, to justify its insistence. These provisions empower municipal authorities to regulate trades that could endanger public health or cause nuisance. However, the High Court clarified that any regulatory action must be backed by explicit legal provisions, not abstract concerns.
In doing so, Justice R. Nataraj cited with approval the judgment in W.P. No. 25099/2023, where a coordinate bench held:
“In the absence of any applicable law… the Health Officer cannot on his own seek for implementation of a particular requirement when the law does not contemplate it to be so.” [Para 12]
Consequently, the Court held that the impugned endorsements had “no legs to stand” and must be quashed. [Para 13]
“Decades of Compliance Without Incident—No Justification for New Conditions”
The petitioners demonstrated that they had:
Held valid fireworks licences since 1983.
Stored explosives in separately licensed godowns outside Udupi town.
Reduced their floor space for retail sales from 39.36 sq. m. to 19.23 sq. m. in recent years.
Complied with all safety norms and had no incidents of fire or explosion for over 40 years.
Despite these uncontested facts, the municipality attempted to rely on a police letter dated 24.12.2024, which merely speculated about potential risks, especially due to proximity to religious places.
The Court rejected this argument, noting:
“It is not the case of the respondent that from 1983 till date, there was any explosion caused in the shop or godown… The respondent, which had issued the licences, has not insisted upon a fire NOC from 1983 to 2024-25.” [Para 11]
“While Law Cannot Be Stretched, Safety Cannot Be Ignored—Conditional Relief Granted”
While allowing the writ petitions, the Court struck a balance between statutory compliance and public safety by imposing specific conditions.
“The petitioner shall take all safety and security measures including installing fire fighting equipment, a hose with running water to meet any eventuality.” [Para 15]
The Court further clarified that if any violation is reported, the respondent municipality would be free to initiate lawful action, thus preserving regulatory authority while upholding the legal framework.
No Room for Bureaucratic Overreach in Regulatory Framework—Law Is the Sole Guide for Administrative Action
This ruling underscores a vital principle of administrative law—where the law stops, discretion ends. A regulatory authority like a municipal council cannot substitute its apprehensions or good intentions for statutory mandates.
By reiterating that no NOC from the fire department is required unless backed by specific legislation, the Karnataka High Court has drawn a firm boundary between lawful governance and bureaucratic overreach, while ensuring that public safety concerns remain safeguarded through conditional directions.
Date of Decision: 17 October 2025
