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Supreme Court allowed petition challenging Delhi ban on firecrackers to be withdrawn

Supreme Court allowed petition challenging Delhi ban on firecrackers to be withdrawn

The Delhi High Court "dismissed as withdrawn" the case on Monday "a petition contesting the Delhi Pollution Control Committee's order to prohibit the storage and sale of any type of firecrackers during Diwali in the national capital.

Justice Sanjeev Sachdeva presided over a single bench that "dismissed as withdrawn" the case "Jai Kishan Fireworks, along with 50 other licensed dealers, filed a petition requesting permission to sell green firecrackers in the Delhi-NCR zone. It also refused traders permission to sell firecrackers within Delhi to visitors from outside the capital city, which was one of the traders' requests.

The petition sought to overturn the Respondent DPC's decision of September 28 banning the storage, sale, and use of firecrackers in the state of NCT Delhi, as well as the Respondent No. 3 Petroleum Explosives Safety Organization's order of October 21 suspending the petitioners' licenses.

They further requested a suitable writ, injunction, or direction quashing the Respondent Joint Commissioner of Police's order: The petitioners were barred from keeping and selling firecrackers by a Delhi court order dated October 21.

Please take your case to the Supreme Court. The topic is currently being investigated by the Supreme Court. Make an effort to get a better understanding of the situation. The (high court) is the incorrect forum. NGT should be notified. The judge stated that they are a specialised body. The traders, who were seeking permission to sell their merchandise here for use outside the city, withdrew their petition in light of the court's decision.

The court stated that if someone came from a region 'A' with good air quality, the point of sale would be Delhi, which is in violation of Supreme Court and NGT directives. The petitioners appear to be hampered by the NGT and Supreme Court orders. They can also sell it outside of Delhi (anywhere legal), according to the report.

Given that Diwali is only three days away, the court allowed the petitioners to drop their complaint while noting that the issues before it, as well as the challenge to the ban's legal legitimacy, remained unresolved. During the COVID-19 epidemic, the NGT ordered a total ban on the sale and use of all types of firecrackers in the NCR and all cities/towns across the country where the ambient air quality falls into the "bad" and above category on December 2, 2020.

The Supreme Court rejected the NGT judgment in July, stating that scientific studies are not required to determine the impacts of firecrackers on residents' health. The petitioners' lawyer, Rohini Musa, argued in front of the high court that, under the Supreme Court's order, the sale of green firecrackers might be permitted in the national capital provided they are not intended for use here.

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