Delhi High Court Allows Conditional Storage of Fireworks Amid Blanket Ban, Ensures Compliance with Safety Norms

Keyword: Delhi firecracker ban, Delhi Fire Works Shopkeepers Association, licensed fireworks storage

The Delhi High Court recently addressed a petition by the Delhi Fire Works Shopkeepers Association, which challenged the Delhi government’s blanket ban on the manufacturing, storage, and sale of firecrackers within the National Capital Territory (NCT) of Delhi. The ban, which aims to curb pollution, will remain in effect until January 1, 2025. Representing licensed firework dealers, the association argued that the ban disproportionately impacts those operating within legal parameters and curtails their rights to store fireworks within their licensed premises.

The petition prompted clarification from the Joint Chief Controller of Explosives, who stated that licensed fireworks could be stored exclusively within licensed premises, as per the Explosives Rules of 2008. Any alternative storage arrangements were deemed inadvisable for public safety. To address concerns of unauthorized sales during the ban, the association proposed sealing their licensed storage premises until the ban is lifted.

The Court approved the association’s proposal on specific terms, instructing all association members to submit affidavits affirming compliance with the sales ban and including detailed stock statements and copies of their licenses. Each storage location will be documented, with Sub-Divisional Magistrates (SDMs) responsible for sealing the premises in cooperation with local law enforcement. Sealed storage sites will remain secured until the ban ends, with a compliance report due three weeks post-ban.

This directive addresses public safety concerns, ensures adherence to pollution control measures, and supports licensed vendors by allowing lawful storage during the ban.

Case Title: Delhi Fire Works Shopkeepers Association v. Delhi Pollution Control Committee & Ors.

Citation: W.P.(C) 14693/2024 & CM APPL. 61775-61776/2024

Coram: Justice Abhay S. Oka, Justice Augustine George Masih

Advocate for Petitioner: Adv. Sachin Mittal, Bhawna Nanda

Advocate for Respondent: Adv. Mehak Nakra, Gunjan Suyal, Anjali Pandey, Amit Tiwari, Hussain Taqvi, Ayush Tanwar, Rahul Bhaskar, Lal Bahadur, HC Ashok (Licensing Unit), Anupam Srivastava, Vasuh Misra, B. Mahapatra, Nalin Hingorani, D.Jindal

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