"Please let the people breathe fresh air": SC while refusing urgent hearing on blanket ban on firecrackers in Delhi
"Let people breathe clean air," said a bench led by Justice M.R. Shah, adding that there were other ways to celebrate. "Spend your money on sweets," the bench advised.
Total Views | 152
New Delhi, Oct 20: In a major disappointment, the Delhi High Court on Thursday refused to entertain a plea challenging the order for a complete ban on firecrackers in the NCT of Delhi till January 1, 2023, noting that similar petitions are pending before the Supreme Court.
"Let people breathe clean air," said a bench led by Justice M.R. Shah, adding that there were other ways to celebrate. "Spend your money on sweets," the bench advised. However, the bench stated that the case will be heard later.
Justice Yashwant Varma said that as a similar matter is pending before the Supreme Court, it would not be appropriate for the bench to hear the petition now. The petitioner Shiva Fireworks and others had moved a petition through advocates Pranjal Kishore and Aman Bansal. Notably, they are engaged in the sale, purchase and storage of green crackers.
They had challenged the order of Delhi Pollution Control Committee (DPCC) issued on September 14, 2022 directing for a complete ban on the manufacturing, storage, sale and bursting of firecracker in NCT of Delhi till January 1, 2023. It stated that "There will be a "Complete Ban" on all kinds of firecrackers onmanufacturing, storage, selling (including delivery through online marketing platforms) and bursting upto January 1, 2023 in the territory of NCT of Delhi."
The petitioners contended that the directions are contrary to the judicial orders they rely on. The directions seek to rely on the order dated December 1, 2020, issued by the National Green Tribunal (NGT) and the order issued by the Supreme Court in a Civil Appeal dated of July 23, 2021.
However, the present directions are contrary to both of these orders. The petitioner stated that NGT's said order expressly allowed the sale and use of green firecrackers in areas where air quality is "moderate".
The petition referred to the apex Court order that, "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."
It was also stated that the Court further held, "The purport of Clause (i), in our opinion, is that there will be a total ban on the sale and use of all kinds of firecrackers during the 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..."
Bharati Web
Mes, Pune
Related News
