Rahul Sanwariya and Anr v. State of NCT of Delhi and Anr

1. Present Public Interest Litigation has been preferred seeking the following reliefs:- “i. Issue an appropriate Writ, Order or direction, directing the Respondent No. 2 to modify its decision/order dated 28.09.2021 by which sale and bursting of firecrackers has been completely banned in State Of NCT Delhi. ii. Issue an appropriate Writ, Order or direction, directing Respondent No. 2 to consider for Graded Regulations of firecrackers instead of a complete ban on firecrackers during the Diwali Festival. 2021:DHC:4158-DB W.P.(C) 11431/2021 iii. Issue an appropriate Writ, Order or direction, directing Respondent No. 1 and Respondent No. 2 to give details of the steps taken to curb Pollution in the NCT of Delhi from 2017 till 2021. iv. Pass any other order(s) as this Hon'ble Court may deem fit in the interest of justice, circumstances of the case and in the interest of justice.”

2. This writ petition was preferred prior to the festival of Diwali challenging an order dated 28.09.2021 passed by Respondent No.2 whereby sale and bursting of fire crackers was completely banned in Delhi.

3. On 06.10.2021, learned counsel appearing on behalf of the Petitioners had sought adjournment on the ground that a similar issue was pending before the Hon’ble Supreme Court in W.P.(C) 728/2015 and was listed on the same day. The festival of Diwali is now over and in our view the relief sought in the writ petition has become infructuous.

4. We, therefore, dispose of the writ petition, giving liberty to the Petitioners to take resort to the appropriate remedies available to the Petitioners, in accordance with law, in case any fresh cause of action arises. Pending application also stands disposed of.

CHIEF JUSTICE JYOTI SINGH, J DECEMBER 13, 2021