NEW DELHI: The Delhi High Court on Friday said that it will hear on December 1 the final argument on the petition challenging a notification inviting applications for the grant of temporary fireworks and crackers license during the ensuing Diwali celebrations.
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh listed the matter for final hearing on December 1.
The Court was hearing public interest litigation (PIL) filed by Prachi Goel, through her advocate Shekhar Sharma.
The matter was argued today on behalf of the petitioner by Advocate Sandeep Mittal and Advocate Shekhar Sharma, who apprised the Court that the respondent’s counter-affidavit and petitioner’s rejoinder to the counter affidavit has been duly filed and the pleadings in the matter are complete.
The licencing authority has opposed the plea challenging notifications on temporary fireworks and crackers and urged the Delhi High Court to dismiss it.
In a vide notification dated September 9, 2021, the Commissioner of Police has invited applications for the grant of temporary fireworks and crackers License during the ensuing Diwali festival.
But the petitioner claimed that he had done a thorough research and found that notification dated September 9, 202, inviting applications for the grant of temporary fireworks and crackers license during Diwali festival is violative of and contrary to the provisions prescribed under The Explosives Act, 1884 and The Explosive Rules, 2008.
The counter affidavit filed by Additional Deputy Commissioner of Police (Licensing) through standing counsel of civil matter for Delhi Government, through advocate Santosh Kumar Tripathi, said the petition carried no substance and was liable to be dismissed outrightly with the imposition of cost upon the petitioner.
“The instant petition has been filed without due application of mind and thorough research, contrary to the claim of the petitioners as the process of issuance of temporary fireworks license is strictly governed by The Explosive Rules, 2008,” the licensing authority said.
Responding to the licencing authority, the petitioner filed the rejoinder saying the authority has not mentioned complete facts in the petition.
The petitioner had earlier sought an appropriate direction to quash the notification dated September 10, 2021, issued by the Commissioner of Police regarding issuance of Temporary Fireworks License qua PUCCA shop and to declare that same as illegal, arbitrary, ultra virus and violative of Rule 84 of the Explosive Rules, 2008.
The petitioner had also urged the Delhi High Court to restrain the respondent from granting temporary fireworks and crackers license qua any site whether a temporary shed or a pucca shop in violation of Rule 84 of The Explosive Rules, 2008 and unless and until the proposed site is 50 meters away from any ‘protected works’ as defined under Rule 2(43) of the Explosive Rules, 2008 which includes inter alia a public road, dwelling House, Hospital, public way, school, shop, market, factory etc.