In the case of Shiva Fire Works and Anr v. Govt. of NCT of Delhi and Ors, the Delhi Pollution Control Committee (DPCC) issued an order on September 14 banning the production, storage, sale, and use of all firecrackers in the nation's capital till January 1, 2023. The Delhi High Court rejected a petition contesting this order.
According to Justice Yashwant Varma, it would not be acceptable for the High Court to examine the matter while the Supreme Court is still deliberating on it. Two businesses involved in the storage and sale of green crackers made the argument that there was no justification for the DPCC to include green crackers while enforcing a total ban.
The plea asked 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.
The plea contended that the DPCC's conduct affects not only the livelihood of the petitioners but also other similarly situated merchants, and that the impugned instruction is arbitrary and a last-minute restriction on the sale and use of green crackers.
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, was said to not have anticipated a blanket ban on fireworks, according to the plea.
The majority of Covid-19-related limitations that were in place as of December 2020 have now been loosened. Thus, there is no justification for the continued ban on the sale and use of firecrackers, especially at a time when Delhi's AQI levels are at or above average levels. There was a request. The plea mentioned that "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."