Delhi High Court dismisses challenge to firecracker ban in Delhi since Supreme Court hearing the issue

The Delhi High Court Thursday dismissed a petition challenging the Delhi Pollution Control Committee (DPCC) order banning manufacture, sale, storage and bursting of firecrackers in the national capital..Single-judge Justice Yashwant Varma said that the issue is already being heard by the Supreme Court and hence, it would not be appropriate for the High Court to entertain the same..The Court noted that the material on record showed that the issue of pollution as a result of use of crackers during Diwali was firstly considered by the Supreme Court in Arjun Gopal v Union of India and Ors and that this petition is still pending before the apex court.The judge added that another writ petition by Delhi BJP MP Manoj Tiwari has also been filed before the top court seeking issuance of guidelines in respect of the sale, purchase and bursting of firecrackers. That petition has also challenged the banning orders issued by different states, Justice Varma observed. "The said writ petition, in terms of order of October 10, 2022, has been tagged with the main matter of Arjun Gopal. In view of this it would not be appropriate to entertain an independent challenged here. The petition, therefore, is dismissed,” the High Court ordered. .The DPCC had issued an order on September 14 stating that there will be a complete ban on manufacturing, storage, selling (including delivery through online marketing platforms) and bursting of all kinds of fire-crackers upto January 1, 2023..The plea filed by two firms involved in sale, purchase and storage of green crackers contended that DPCC directions are contrary to judicial orders as even National Green Tribunal (NGT) has expressly allowed sale and use of cracker in areas where air quality is 'moderate'."It is humbly submitted that the air-quality in New Delhi has been moderate or better at least since 15th August, 2022. In this view, there is no occasion to impose a ban on the use of even green crackers," the plea said.The plea, filed through advocates Aman Bansal and Pranjal Kishore, argued that even Supreme Court has set aside orders of Telangana and Calcutta High Court which imposed a blanket ban on sale of all fire crackers.It was contended that the Delhi Police had issued an advertisement for grant of temporary fireworks licenses earlier this month and that relying on this advertisement as well as court orders passed from time to time, the petitioners along with other sellers stocked up green crackers.