upa 1 cai179-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 179 OF 2010 IN PUBLIC INTEREST LITIGATION NO. 212 OF 2009 Shri Mohan Laxmansingh Pardeshi and others ).. Applicants Versus The State of Maharashtra and others ).. Respondents Mr. S.M. Oak i/b Mr. Sagar Joshi for the Applicants. . Mr. S.N. Patil, Assistant Government Pleader, for Respondent No.1. Mr. R.S. Apte, Senior Advocate, i/b Mr. N.R. Bubna for Respondent No.2. CORAM : MOHIT S. SHAH, C.J. AND DR. D. Y. CHANDRACHUD, J. TUESDAY, OCTOBER 26, 2010 P. C. : In this application, the applicants nine in number, seek modification of the order dated 17 September 2010 passed by this Court in Public Interest Litigation No.212 of 2009 filed by the Kopari Bachav Samittee. 2. The writ petitioner in public interest litigation had sought a direction to the Thane Municipal Corporation to ensure that suitable arrangements are made for storage and sale of fire crackers in suitable open plots only, while issuing license for storage of fire crackers during the ensuing diwali festival in congested areas of the city.. upa 2 cai179-10 3. It appears that on 17 Sept. 2010 the learned counsel for the Thane Municipal Corporation, under instructions of the Assistant Municipal Corporation, Licence Department, Thane Municipal Corporation, made a statement that the arrangements required to be made under resolution no.176 dated 27 August 2008 of the Thane Municipal Corporation will be followed. 4. The learned counsel for the applicants submits that the applicants have been carrying on their business at various places in the city which are not congested and that licences were granted to them in the past for a period of only one week or ten days during the diwali festival. It is submitted that though the policy was accepted by the Corporation in August 2008, the policy was not implemented in the past i.e. in the years 2008 and 2009 and that, therefore, the persons carrying on business in storage and sale of fire crackers have been taken by surprise this year. It is submitted that the said policy may be implemented from the year 2011, after the Corporation gives wide publicity to the said policy this year. 5. The learned counsel for the Thane Municipal Corporation submits that since the policy has to be implemented from some date and since the writ petitioner in public interest litigation had prayed for appropriate directions for the safety of the residents against any possible harm resulting from storage of fire crackers, statement was made before this Court on 17 September 2010. 6. Having heard the learned counsel for the parties, we dispose of this civil application with a clarification that if the applicants upa 3 cai179-10 approach the Municipal Commissioner, Thane Municipal Corporation with a representation to implement the policy contained in resolution no. 176 dated 27 August 2008 from the year 2011 and point out any practical difficulties if the policy is implemented during the ensuing diwali festival, it will be open to the Thane Municipal Corporation to take stock of the situation and arrive decision in the matter about the date from which the policy of Thane Municipal Corporation may be implemented. However, if the Municipal Commissioner grants any relaxation this year, wide publicity shall be given to ensure that the policy is implemented from 2011 onwards without fail. 7. Civil application disposed of accordingly. 8. Concerned parties to act on an ordinary copy of this order duly authenticated by the registry. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.