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Punjab & Haryana High Court Addresses Cap on Green Cracker Sales

 

Punjab & Haryana High Court Addresses Cap on Green Cracker Sales

The Punjab and Haryana High Court recently heard a petition challenging the restrictions on the sale and purchase of green crackers, imposed to mitigate environmental damage. The petitioner, the Jalandhar Fireworks Association, contended that the cap on licenses infringed upon their fundamental right to conduct business under Article 19(1)(g) of the Constitution. The association argued that the limitation, based on 2016 population data, was outdated and did not reflect current demographics.

In response, the division bench, comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry, acknowledged the petitioner's concerns but emphasized that such matters pertain to policy decisions, which are generally beyond the purview of judicial intervention. The court remarked, "business can be curtailed, but the environment should not suffer," highlighting the importance of balancing economic interests with environmental protection. The bench noted that the 2017 directive allowing temporary licenses up to 20% of the previous year's total was a measure to control environmental impact.

The petitioner sought additional time to gather updated population data to support their claim. The court agreed to consider this request and adjourned the matter, scheduling the next hearing for October 16. This case underscores the ongoing tension between economic activities and environmental conservation, with the judiciary playing a role in ensuring that both are given due consideration.

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