Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 22 September 2026

Case Overview

  • Petitioner: M/s Maa Mahamaya Explosives, proprietor Sandeep Kumar (age 41), residing Main Road, Balrampur‑Ramanujganj, Chhattisgarh.
  • Respondents: Union of India (Chief Controller of Explosives), Deputy Chief Controller of Explosives, Commissioner Surguja Division (Ambikapur), Collector Balrampur‑Ramanujganj, Sub‑Divisional Officer (R) Balrampur‑Ramanujganj, Tehsildar Rajpur, Gram Panchayat Dignagar (through Sarpanch and Secretary), and individual villagers Chanchal Chaudary and others.
  • Background: Petitioner applied for a No‑Objection Certificate (NOC) on 28‑Nov‑2023 for possession and use of explosives. District Magistrate issued NOC on 25‑Sep‑2024 for Khasra Nos. 283/2 and 283/5, Village Dignagar. Licence for explosive storage was issued on 12‑Nov‑2025, valid until 31‑Mar‑2030.
  • Dispute: Gram Panchayat resolution dated 22‑Aug‑2024, which formed the basis of the NOC, was later declared forged by a Gram Sabha resolution dated 25‑Oct‑2024. Respondent No.3 (Commissioner) cancelled the NOC and licence via order dated 02‑Jun‑2026, citing the forged resolution and non‑compliance with Explosives Rules 2008.
  • Petition Reliefs Sought: Quash the 02‑Jun‑2026 order, stay its operation, and allow continuation of operations under the licence dated 12‑Nov‑2025.
  • Counsel Submissions: Petitioner argued that departmental clearances and the amended lease deed (23‑Apr‑2025) validated the NOC and licence. Respondents argued that statutory requirements were not met, the foundational NOC was defective, and the Commissioner acted within his jurisdiction under Rule 121 of the Explosives Rules.
  • Key Issues: Validity of NOC under Explosives Act 1884 and Explosives Rules 2008, alleged forgery of Gram Panchayat resolution, overlap with existing mining lease (Khasra Nos. 283/1 and 283/2), 500‑metre safety restriction, lack of Gram Sabha consent, and procedural compliance.

Final Outcome

  • The Court held that the matter requires fresh consideration by the competent authority in accordance with law.
  • Petitioner directed to file an appropriate application before the Collector.
  • Collector to obtain fresh objections/NOCs from the Gram Panchayat and all relevant authorities, consider existing mining and mineral‑related activities, and pass a reasoned order after affording a hearing to all parties.
  • The Collector must complete this exercise within 45 days of receiving a copy of this order.
  • The petition is disposed; no relief is granted; parties must comply with the Court’s direction.

Topics: Explosives Regulation, Land Revenue Dispute