Firecracker sellers move Delhi High Court against ban on sale of all firecrackers

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The plea submitted that there has been a complete ban on the sale, and purchase (even online) of firecrackers by the Delhi Police which is exactly opposite of what the NGT & Supreme Court have ordered. 

The firecracker sellers have moved Delhi High Court against the Delhi Pollution Control Committee's order imposing a complete ban on the sale of firecrackers. It has been submitted that after several directions from the courts, the sellers have stocked green crackers.

A bench of Justice Yashwant Varma after hearing the counsel appearing for the firework sellers listed the matter for hearing on October 11, 2022.

The plea filed by Shiva Fire Works and Jai Mata stores alleged that the committee's order is contrary to the order passed by the National Green Tribunal and the Supreme Court. NGT had allowed the sale and use of green Firecrackers in areas where air quality is moderate.

The Supreme Court had supported the same 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 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.