Delhi High Court - Orders
M/S. Shiva Fire Works & Anr vs Govt Of Nct Of Delhi & Anr on 20 October, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13671/2022, CM APPL. 41665/2022 (Stay)
M/S. SHIVA FIRE WORKS & ANR. ..... Petitioners
Through: Mr. Akshay Bhan, Sr. Adv. with Mr.
Aman Bansal and Mr. Kishore, Advs.
versus
GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Santosh Tripathi, SC with Mr.
Anuj Aggarwal, ASC, GNCTD, Mr.
Arun Panwar, Mr. Pradeep, Mr.
Mahak Rankawat and Mr. Pradyumn
Rao, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 20.10.2022 This writ petition has been preferred assailing the validity of the order dated 14 September 2022 issued by the second respondent imposing a blanket ban on the use of fire crackers in the National Capital Territory of Delhi.
From the material which has been placed on the record, the Court notes that the issue of pollution as a result of the use of firecrackers during the Diwali festival was firstly considered by the Supreme Court in Arjun Gopal & Ors. vs. Union of India & Ors. [W.P.(C) No. 728/2015] which remains pending on the board of the Supreme Court. Subsequently, another writ petition being Manoj Tiwari vs. Union of India & Ors. [W.P.(C) Signature Not Verified Digitally Signed By:NEHA Signing Date:20.10.2022 17:34:22 869/2022] came to be preferred before the Supreme Court seeking the issuance of guidelines in respect of the sale, purchase and bursting of permissible fire crackers. That writ petition also alludes to some of the banning orders which have been issued by different States and questions the complete clampdown on the sale and use of firecrackers. The said writ petition has in terms of the order of 10 October 2022, been tagged with the main matter of Arjun Gopal.
In view of the aforesaid, it would not be appropriate for the Court to entertain an independent challenge especially since the issue does appear to be engaging the attention of the Supreme Court.
Accordingly, while this writ petition shall stand dismissed, this order shall not preclude the petitioner from initiating such appropriate proceedings as may otherwise be permissible in law.
YASHWANT VARMA, J.
OCTOBER 20, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:20.10.2022 17:34:22