'Business Can Be Curtailed But Environment Shouldn't Suffer': Punjab & Haryana High Court In Plea Against Cap On Green Cracker Sale-Purchase

While hearing a plea challenging restrictions on sale and purchase of green crackers, the Punjab and Haryana High Court today remarked that "business can be curtailed, but the environment should not suffer."

In 2017, the High Court in order to curtail the environmental damage had directed that, "The Union Territory, Chandigarh, the States of Punjab and Haryana shall be entitled to issue temporary licences upto 20% of the total number of temporary licences issued in the previous year i.e. in 2016 and the grant of issuance of temporary licences shall be on the basis of draw of lots to be held by the concerned Deputy Commissioners themselves and their power shall not be delegated to anybody else under any circumstances."

Division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry however said, "This Court is prima facie of the view that these are policy matters in which the courts cannot interfere."

The CJ added, "whether the capping should be 20% or 30% to 40% or do we go into this?"

However, the petitioner contended that the capping is based on population data from the year 2016, which is now obsolete, as the population has increased since then.

The petitioner sought more time to obtain instructions.

The matter is now listed for October 16.

Title: JALANDHAR FIREWORKS ASSOCIATION V/S STATE OF PUNJAB AND OTHERS