The Delhi High Court on Thursday refused to entertain a plea challenging the order for a complete ban on firecrackers in the NCT of Delhi till 1st January 2023, noting that similar petitions are pending before the Supreme Court.
Justice Yashwant Varma said that a similar matter is pending before the Supreme Court; therefore, it would not be appropriate for the bench to hear the petition now. Shiva fireworks and others had moved a petition through advocates Pranjal Kishore and Aman Bansal. The petitioners were engaged in the sale, purchase, and storage of green crackers.
The petition challenged the order of the Delhi Pollution Control Committee (DPCC) issued on 14 September , 2022 directing a complete ban on the manufacturing, storage, and sale of firecrackers in the NCT of Delhi till 1 January, 2023.
The DPCC order stated that “There will be a “Complete Ban” on all kinds of firecrackers onmanufacturing, storage, selling (including delivery through online marketing platforms) and bursting up to January 1, 2023 in the territory of the NCT of Delhi.”
The petitioners contended that the directions are contrary to the judicial orders they rely on.
The directions seek to rely on the order dated 1 December, 2020, issued by the National Green Tribunal (NGT) and the order issued by the Supreme Court in a Civil Appeal dated 23 July, 2021. However, the present directions are contrary to both of these orders.
The petitioner stated that NGT’s said order expressly allowed the sale and use of green firecrackers in areas where air quality is “moderate.”.
The petition referred to the apex court’s order that, “In our opinion, the order impugned in these appeals is self-eloquent. It has provided for a graded approach to be adopted by all concerned, keeping in mind the prevailing COVID-19 situation. “
It was submitted that the air quality in New Delhi has been moderate or better for at least since 15 August, 2022. In this view, there is no occasion to impose a ban on the use of green crackers.
It was also submitted that the respondents had acted in a hasty and arbitrary manner. The DPCC has issued the said direction without applying its mind to the orders of the NGT and the Supreme Court.
The petitioner also said that the directions were contrary to orders of the Supreme Court which allowed the use of green crackers. The Supreme Court has allowed the use of green crackers in multiple orders.
However, the present direction has imposed a blanket ban on the sale of all firecrackers.
It was submitted that the arbitrary and last-minute ban imposed on the sale and use of green crackers affects the livelihood of the petitioners and other similarly placed sellers.
