Delhi HC rejects DPCC’s appeal for complete ban on fireworks

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New Delhi, 20 October 2022: The Delhi High Court on Thursday declined to hear a petition challenging the Delhi Pollution Control Committee’s blanket ban on the sale and usage of all types of firecrackers due to the ongoing cases involving firecrackers before the Supreme Court.

The high court should not independently review such a challenge when the matter “does appear to be attracting the attention of the apex court,” said Justice Yashwant Varma, who denied the petition by two sellers who wanted to “buy, sell, and store exclusively green crackers” during the holiday season.

Shiva Fireworks and Jai Mata Stores, two green cracker vendors, filed a complaint with the high court last month challenging the Delhi Pollution Control Committee’s (DPCC) decision to prohibit the sale and usage of all firecrackers in the city during the following months.

The petitioners made clear in their argument that the “last-minute ban” imposed by the DPCC on September 14 was arbitrary, unlawful, and detrimental to their ability to support themselves.

It was stated by the court that from the evidence submitted it was noted that the Supreme Court was the first to investigate the issue of pollution caused by the usage of firecrackers during Diwali.

The Supreme Court’s board is still considering the petitioner. Another writ petition was then submitted to the Supreme Court asking for guidelines to be issued regarding the sale, purchasing, and bursting of legal firecrackers. The writ petition also includes a number of the state-issued bans.

They further said that it would not be proper for this court to consider a separate challenge, especially given that the Supreme Court does seem to be considering the matter.

As a result, even if this writ petition has been dismissed, the petitioner may still begin any legal processes that may be allowed.

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