Delhi HC Upholds Firecracker Ban Amid Pollution Concerns, Orders Sealing Of Storage Premises
The Delhi High Court said it cannot allow the sale of firecrackers when there is already "enough" pollution in the national capital.
The Court's oral observation came while dealing with a petition by the 'Delhi Fireworks Shopkeepers Association', a group of traders with a "permanent" licence to possess and sell crackers.
The petitioner's counsel said the grievance of the traders was with respect to the ban on the storage of firecrackers as it was allegedly resulting in harassment.
During the hearing, the Court said it would ask authorities to seal the traders' premises being used for storage of firecrackers to ensure that there is no pilferage.
"The state must be involved in the sealing process so that there is no pilferage," said Justice Sanjeev Narula.
"We are not going to allow you to sell. There is enough pollution in this city," added the judge orally.
The petitioner's counsel said that even though no crackers were being sold by its members, soon after the ban order, the police started visiting the permanent licensees questioning why they were storing the firecrackers.
The Court observed that in one of the instances cited by the petitioner, there was an allegation of someone selling the crackers and said whoever acted in contravention of the law would be prosecuted.
"We can't make an exception for you. If you store them, there is a possibility of (misuse). We will put a seal. It will be videographed," the Court said orally.
The Delhi government on September 14 imposed an immediate ban on the production, storage, sale, and use of all kinds of firecrackers across the city, effective until January 1.
While making the announcement, Delhi Environment Minister Gopal Rai urged Delhi residents to support the government's efforts to curb air pollution.
Cause Title: Delhi Fire Works Shopkeepers Association v. Delhi Pollution Control Committee & Ors.
Appearance:
Petitioner: Advocates Sachin Mittal and Bhawna Nanda
Respondents: ASC (Civil) Mehak Nakra, , Advocates Gunjan Suyal, Anjli Pandey, , CGSC Amit Tiwari, , G.P Hussain Taqvi, Advocates Ayush Tanwar, Rahul Bhaskar, , ASC Anupam Srivastava, Advocates Vasuh Misra, B. Mahapatra, Nalin Hingorani, D.Jindal, Law Officer, DPCC for DPCC.
With PTI Inputs
