Plea In Delhi HC Challenges DPCC's Blanket Ban On Sale And Bursting Of Firecrackers In National Capital

A plea has been filed in the Delhi High Court challenging the direction issued by Delhi Pollution Control Committee (DPCC) on September 14 for a complete ban on manufacturing, storage, sale and bursting of all kinds of firecrackers till January 1, 2023 in the national capital.

The plea has been moved by two entities, engaged in storing and selling of green crackers, claiming that there was no occasion for the DPCC to include green crackers while imposing a complete ban.

Praying that the impugned direction be declared ultra vires as being violative of Article 19(1)(g) of the Constitution of India, the petitioners also seek direction to restrain the Delhi Government as well as DPCC from taking any action against them.

During the course of hearing today, Justice Yashwant Varma asked the counsel appearing for the petitioners about the status of pendency and scope of a similar plea before the Supreme Court.

Accordingly, the matter was listed for hearing on October 7.

Calling the impugned direction as arbitrary and a last-minute ban imposed on the sale and use of green crackers, the plea argues that the action of DPCC affects not on petitioners' livelihood but also other similarly placed sellers.

The plea argues that the order of the National Green Tribunal (NGT) dated December 1, 2020 did not envisage a blanket ban of crackers as it was passed in the context of the Covid-19 situation that was prevailing at that time.

"Almost all Covid-19 related restrictions that were in force in December, 2020 have now been relaxed. There is thus no reason that a restriction on the sale and use of fire-crackers remain, especially at a time when the AQI levels in Delhi are at moderate or better levels," the plea reads.

Title: Shiva Fire Works and Anr v. Govt. of NCT of Delhi and Ors