[Cracker Ban] Punjab & Haryana High Court Denies To Quash Chandigarh Administration's Order Putting Ban On Sale Or Use Of Crackers

The Punjab & Haryana High Court on Wednesday (11th November) denied granting any relief to Chandigarh Cracker Dealers Association, which had challenged the Union Territory, Chandigarh Administration's order to put a complete ban on sale or use of crackers of any kind throughout the Union Territory.However, the Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli directed the Respondent-Administration to consider and take a decision on the representation of the petitioner (Chandigarh Cracker Dealers Association) keeping in mind the order passed by the National Green Tribunal, Principal Bench, New Delhi within two days.The Court also made it clear that the Court was not expressing any opinion on the merits of the case and therefore, the respondent-authorities (the Administration) would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter accept or reject the same in accordance with law.It may be noted that the instant petition before the Court was filed by the petitioner (Chandigarh Cracker Dealers Association) for quashing the order dated 06.11.2020 passed by respondent No.1 whereby complete ban on sale or use of crackers of any kind throughout the Union Territory, Chandigarh was imposed.Significantly, on Thursday (12th November), while rejecting the review representation filed by the Chandigarh Cracker Dealers' Association (in accordance with liberty granted by P&H HC to approach administration), UT Adviser Manoj Parida stated that an order issued on November 6 under the Disaster Management Act banning the sale and use of firecrackers needed no modification or relaxation.The Order of the NGTThe National Green Tribunal on Monday (09th November) imposed a total ban on sale/ use of all kinds of firecrackers in Delhi NCR from the midnight of November 9-10, 2020 to the midnight of November 30 - December 1, 2020.The direction will also apply to all cities/ towns in the country where the average of ambient air quality during November (as per available data of last year) fall under 'poor' and above category.The Tribunal has also directed All States/UTs/PCBs/PCCs that they may initiate special drives to contain air pollution from all sources in view of potential of aggravation of Covid-19.The Chief Secretaries and DGPs of all the States/UTs have been told that may issue and circulate an appropriate order in above terms with appropriate enforcement guidelines to all the District Magistrates and Superintendents of Police, PCBs/PCCs.Calcutta High Court's orderThe Calcutta High Court on Thursday (05th November) banned the use and sale of firecrackers on Kali Puja in the wake of the COVID-19 outbreak.The Bench of Justice Sanjib Banerjee and Justice Arijit Banerjee ordered,"The State should ensure that there is no use or display or bursting of firecrackers at all during the Kali Puja and Diwali celebrations."Further, the Supreme Court on Wednesday (11th November) affirmed the Calcutta High Court order banning the sale and bursting of firecrackers during Diwali, Chatt Puja, Kali Puja, etc in the entire state of West Bengal.A vacation bench of Justices D Y Chandrachud and Indira Banerjee dismissed the special leave petition filed against the November 5 order passed by a division bench of the High Court.Telangana High Court's OrderNoting that since the Government has not declared any ban on the use of fireworks so far, but considering the fact that the lives of the people need to be protected, that uncontrolled and untrammelled use of fireworks may jeopardise the lives of many, the Telangana High Court on Thursday directed the State to immediately ban the sale and use of fireworks by the people and by organisations.The bench of Chief Justice Raghavendra Singh Chauhan and Justice B. Vijaysen Reddy was hearing a PIL by advocate-petitioner-in-person, Mr. P. Indra Prakash, for seeking the relief that the Government should be directed to ban the sale and use of firecrackers (fireworks) by the people during the Diwali festival.Notably, an appeal has been filed before the Supreme Court challenging the 12th November order of the Telangana High Court.Filed by an Association comprising of manufacturers and dealers of firecrackers, The Telangana Fire Works Dealers Association, the plea submits that the Petitioners are seriously affected by the High Court order as despite the Petitioner-Association being a proper and necessary party, the order was passed without making them party to the proceedings and without considering the impact of the order on livelihood of its members.Karnataka High Court's OrderOn Thursday (12th November), the Karnataka High Court directed the state government to issue an order tomorrow itself clarifying the meaning of "Green Crackers" and give wide publicity to it so that members of the public are aware of it.A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty said :"State government has banned bursting of any crackers except green...

[Cracker Ban] Punjab & Haryana High Court Denies To Quash Chandigarh Administration's Order Putting Ban On Sale Or Use Of Crackers

Sparsh Upadhyay

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