Delhi HC rejects plea in opposition to absolute firecracker ban

By PTI

NEW DELHI: Noting the pendency of points associated to firecrackers earlier than the Supreme Court, the Delhi High Court on Thursday refused to entertain a petition difficult Delhi Pollution Control Committee’s full ban on sale and use of all types of firecrackers.

Justice Yashwant Varma dismissed the petition by two retailers who sought to “purchase, sell and store only green crackers” through the festive season, and mentioned it was not acceptable for the excessive court docket to independently look at such a problem when the problem “does appear to be engaging the attention” of the highest court docket.

The court docket, nonetheless, mentioned the petitioners had been free to provoke acceptable proceedings underneath the legislation to hunt redressal of their grievances.

“From the fabric positioned on report, the court docket notes the problem of air pollution because of using firecrackers throughout Diwali was first thought of by the Supreme Court (in a case). The petitioner stays pending on the board of the Supreme Court.

Subsequently, one other writ petition got here to be most popular earlier than the Supreme Court in search of the issuance of tips in respect of the sale, buy and bursting of permissible firecrackers.

The writ petition additionally produces a few of the banning orders issued by few states,” the court docket famous.

“In view of the aforesaid, it might not be acceptable for this court docket to entertain an unbiased problem, particularly for the reason that situation does look like partaking the eye of the Supreme Court.

Accordingly, whereas this writ petition stands dismissed, this order shall not preclude the petitioner from initiating such proceedings as could also be permitted in legislation,” it mentioned.

Green cracker retailers Shiva Fireworks and Jai Mata Stores had approached the excessive court docket final month, assailing the ban imposed by the Delhi Pollution Control Committee (DPCC) on the sale and use of all types of firecrackers within the metropolis through the upcoming months.

The petitioners had emphasised of their plea that the “last-minute ban” imposed by the DPCC on September 14 was arbitrary and unlawful and adversely impacts their livelihood.

NEW DELHI: Noting the pendency of points associated to firecrackers earlier than the Supreme Court, the Delhi High Court on Thursday refused to entertain a petition difficult Delhi Pollution Control Committee’s full ban on sale and use of all types of firecrackers.

Justice Yashwant Varma dismissed the petition by two retailers who sought to “purchase, sell and store only green crackers” through the festive season, and mentioned it was not acceptable for the excessive court docket to independently look at such a problem when the problem “does appear to be engaging the attention” of the highest court docket.

The court docket, nonetheless, mentioned the petitioners had been free to provoke acceptable proceedings underneath the legislation to hunt redressal of their grievances.

“From the fabric positioned on report, the court docket notes the problem of air pollution because of using firecrackers throughout Diwali was first thought of by the Supreme Court (in a case). The petitioner stays pending on the board of the Supreme Court.

Subsequently, one other writ petition got here to be most popular earlier than the Supreme Court in search of the issuance of tips in respect of the sale, buy and bursting of permissible firecrackers.

The writ petition additionally produces a few of the banning orders issued by few states,” the court docket famous.

“In view of the aforesaid, it might not be acceptable for this court docket to entertain an unbiased problem, particularly for the reason that situation does look like partaking the eye of the Supreme Court.

Accordingly, whereas this writ petition stands dismissed, this order shall not preclude the petitioner from initiating such proceedings as could also be permitted in legislation,” it mentioned.

Green cracker retailers Shiva Fireworks and Jai Mata Stores had approached the excessive court docket final month, assailing the ban imposed by the Delhi Pollution Control Committee (DPCC) on the sale and use of all types of firecrackers within the metropolis through the upcoming months.

The petitioners had emphasised of their plea that the “last-minute ban” imposed by the DPCC on September 14 was arbitrary and unlawful and adversely impacts their livelihood.