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The court was dealing with the petition filed by the Delhi Firework Association, challenging the recent ban imposed by the Delhi government on all types of firecrackers until January 1, 2025.
The Delhi High Court recently directed all members of the Delhi Fireworks Shopkeepers Association, which represents licensed firework dealers, to 'strictly refrain' from engaging in the sale of any firecrackers until January 1, 2025.
Notably, on October 14, the Delhi government had announced a complete ban on all types of firecrackers until January 1, 2025, in an attempt to curb air pollution.
In light of this, the Delhi Fireworks Shopkeepers Association moved the court challenging the ban on manufacturing, storage and selling of all firecrackers in the national capital. The Association argues that such a blanket ban on the storage of fireworks is excessive and unjustified and that it penalizes individuals operating within the legal framework.
The bench presided over by Justice Sanjeev Narula, while noting the pollution level in the national capital said," All the members of the Petitioner Association shall strictly refrain from engaging in the sale of any firecrackers during the subsistence of the ban imposed vide the Impugned notification, effective until 1st January"
Advocate Pankaj Mittal, appearing for the (Petitioner) Association, submitted before the bench that once the notification lapses the members of the association will resume the sale of fireworks and that the said members have no intention of engaging in the sale of fireworks till the ban remains in force.
Subsequently, the court extended its order to all individuals holding a valid permanent license and said to avail of the benefit of the said order, they must file affidavits affirming their compliance with the terms."The affidavit must also include a stock statement of the fireworks, stored at the licenced premises, as on date and a copy of the license. A copy of the affidavit shall be provided to counsel for GNCTD for verification", it added.
Additionally, the court directed the Firework Association to submit a consolidated list of all licensed premises where firecrackers are being stored and further tasked the Sub-Divisional Magistrates (SDMs) with sealing these premises within seven days.
"To facilitate the smooth and effective execution of the sealing, the concerned Station House Officers (SHOs) of the respective local police stations are directed to extend full cooperation and assistance, if so required," it added.
Further, the court ordered all the licensees of the identified premises to cooperate fully and provide the necessary assistance to ensure the prompt and proper execution of the orders. It also clarified that the premises shall remain sealed in accordance with the directions of the Court until the expiration of the ban.
Lastly, the court directed the SDMs to promptly de-seal the premises and file a compliance report within three weeks upon the lapse of the said notification.
Case Title: Delhi Fire Works Shopkeepers Association v Delhi Pollution Control Committee
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