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The Delhi High Court on Thursday refused to entertain a plea challenging a direction of the Delhi Pollution Control Committee (DPCC) imposing a complete ban on the manufacturing, storage, sale and bursting of all kinds of firecrackers until January 1, 2023, in the national capital.
A single judge bench of Justice Yashwant Varma said that “it would not be appropriate for the court to entertain an independent challenge” as the issue is already pending adjudication before the Supreme Court.
The court noted that as per the material on record, the issue of pollution as a result of the use of firecrackers during Diwali was first considered by the Supreme Court in Arjun Gopal v Union of India and Others, a case which is still pending before the apex court. The court further observed that another plea was filed before the apex court seeking the issuance of guidelines in respect of the sale, purchase and bursting of permissible firecrackers.
Dismissing the plea, the court, however, said that the petitioners were free to initiate appropriate proceedings as may be permitted in law.
The plea, filed by two sellers of green crackers with registered licenses under the Explosives Act, challenges a September 14 direction of DPCC which states that “there will be a complete ban on all kinds of firecrackers on manufacturing, storage, selling (including delivery through online marketing platforms) and bursting up to 01.01.2023 in the territory of NCT of Delhi”.
The DPCC direction was challenged on the ground that it was arbitrary and that a last-minute ban imposed on the sale and use of green crackers affects the livelihood of the petitioners and other similarly placed sellers and is, therefore, ultra vires to Articles 14 and 19 (1) (g) of the Constitution of India. The sellers further prayed that the impugned direction issued by the DPCC be quashed and the respondents be restrained from taking any action on the basis of the same against the petitioners.
The petitioners’ challenge was on the ground that the Supreme Court has allowed the use of green crackers in multiple orders and “has also set aside orders of the Telangana High Court and Calcutta High Court, which imposed blanket bans on the sale of all fire-crackers”.
The plea also stated that the 2020 order by the National Green Tribunal did not envisage a blanket ban on crackers and it was passed in the context of the Covid-19 situation prevailing at the time. The plea further states that most of the Covid-19 restrictions that were in force in December 2020 have now been relaxed, thus “there is 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”.
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