Plea Filed Before Delhi HC Challenging DPCC’s Blanket Ban on Firecrackers in Delhi

DPCC Law Insider

Tanisha Rana

Published on: September 22, 2022 at 22:28 IST

The Delhi Pollution Control Committee’s (DPCC) directive to prohibit the production, storage, sale, and bursting of all firecrackers in the nation’s capital until January 1, 2023 has been challenged in a petition filed with the Delhi High Court.

Two businesses that store and sell green crackers have filed the appeal, arguing that there was no justification for the DPCC to include green crackers while enforcing a total prohibition.

The petitioners ask for a directive to stop the Delhi Government and DPCC from taking any action against them in addition to asking that the impugned direction be ruled extra vires for violating Article 19(1)(g) of the Indian Constitution.

Justice Yashwant Varma questioned the counsel for the petitioners at yesterday’s hearing regarding the status of pendency and scope of a related plea before the Supreme Court.

The matter was consequently scheduled for hearing on October 7.

The plea claims that the DPCC’s conduct affects not only the livelihood of the petitioners but also other similarly situated merchants, characterising the impugned direction as arbitrary and a last-minute prohibition imposed on the sale and use of green crackers.

The argument made in the plea is that the National Green Tribunal’s (NGT) order from December 1, 2020, which was passed in the context of the COVID-19 situation that was in effect at the time, did not foresee a general ban on fireworks.

“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.

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

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