Delhi High Court Dismisses Plea Against Blanket Ban On Sale And Bursting Of Firecrackers In National Capital

The Delhi High Court on Thursday dismissed a plea challenging the direction issued by Delhi Pollution Control Committee (DPCC) on September 14 for a complete ban on manufacturing, storage, sale and bursting of all kinds of firecrackers till January 1, 2023 in the national capital.

Justice Yashwant Varma said it would not be appropriate for the High Court to consider the issue when the same is pending adjudication before the Supreme Court.

The plea was moved by two entities, engaged in storing and selling of green crackers, claiming that there was no occasion for the DPCC to include green crackers while imposing a complete ban.

Praying that the impugned direction be declared ultra vires as being violative of Article 19(1)(g) of the Constitution of India, the plea also sought direction to restrain the Delhi Government as well as DPCC from taking any action against them.

Calling the impugned direction as arbitrary and a last-minute ban on the sale and use of green crackers, the plea argued that the action of DPCC affects not only petitioners' livelihood but also other similarly placed sellers.

The plea also argued that the order of the National Green Tribunal (NGT) dated December 1, 2020 did not envisage a blanket ban of crackers as it was passed in the context of the COVID-19 situation that was prevailing at that time.

"Almost all Covid-19 related restrictions that were in force in December, 2020 have now been relaxed. There is thus no reason that a restriction on the sale and use of fire-crackers remain, especially at a time when the AQI levels in Delhi are at moderate or better levels," the plea said.

Title: Shiva Fire Works and Anr v. Govt. of NCT of Delhi and Ors

Citation: 2022 LiveLaw (Del) 994