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Synopsis

The Delhi High Court on Thursday dismissed a plea filed by firecracker manufacturer against the Delhi Pollution Control Committee's order imposing a complete ban on all kinds of firecrackers.

A bench of Justice Yashwant Varma said that the issue is pending before the Supreme Court.

Firecracker manufacturer Shiva Fire Works and seller Jai Mata stores through Advocate Aman Bansal and Advocate Pranjal Kishore moved the high court alleging that the committee's order is contrary to the order passed by the National Green Tribunal and the Supreme Court.

They submitted that NGT had allowed the sale and use of green Firecrackers in areas where air quality is moderate, and in view of the same, they have stocked green firecrackers. 

Earlier, the Supreme Court had supported the NGT order by saying, "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.”

The top court had further held, “The purport of Clause (i), in our opinion, is that there will be total ban on sale and use of all kinds of fire crackers during Covid-19 pandemic only where the air quality becomes 'poor' or more than poor category. That is a just direction. In other words, if the air quality of the concerned area is moderate or better, the authorities may permit the sale and use of green fire crackers, as specified in the order itself…”.

In view of the above, the plea before the Delhi High Court submitted that "the air-quality in New Delhi has been moderate or better at least since 15th August 2022 and in this view, there is no occasion to impose a ban on the use of even green crackers."

Case Title: M/s Shiva Fire Works & Anr. Vs. Govt. of NCT of Delhi & Anr.