IMPORTANT POINTS
A graded and balanced approach necessary for reducing and gradually eliminate air pollution in Delhi and the NCR and there is a need to regulate the availability and sale of fireworks in Delhi and the NCR.

JUDGMENT

Madan B. Lokur, J.

1. A large number of disparate prayers have been made in this public interest litigation initiated by the petitioners under Article 32 of the Constitution, but for the time being we are only concerned with the first prayer. This is to the effect that this Court may issue a writ of mandamus or any other appropriate writ or direction to ban the use of fireworks, sparklers and minor explosives in any form, during festivals or otherwise.

2. The public interest relief sought for is required to be considered from two perspectives: firstly, from preventing air pollution through the bursting of fireworks and secondly, by invoking the provisions of the Explosives Act, 1884 and the Explosives Rules, 2008 framed thereunder for preventing air pollution by restricting the possession and sale of fireworks in the National Capital Region.

Fireworks and air pollution in 2016

3. The prayer for a complete prohibition on the sale of fireworks due to pollution in the air caused by the bursting of fireworks was considered at an interim stage by this Court and a detailed order passed on 11th November, 2016. [Arjun Gopal v. Union of India, (2017) 1 SCC 412]. The manufacturers and suppliers of fireworks primarily based in Sivakasi (Tamil Nadu) moved an application on or about 5th July, 2017 for modification of that interim order. The modification application is registered as I.A. No. 52448 of 2017 and we now propose to decide that application.

4. The background for the interim order passed on 11th November, 2016 is that Diwali was celebrated in 2016 on 30th October. On the next day, it was discovered that PM2.5 levels in the air had crossed 700 µg/m3 being among the highest levels recorded in the world and about 29 times above the standards laid down by the World Health Organization (WHO). We need not delve into the details given in the order since there is no dispute that the air in Delhi and in most parts of the National Capital Region (NCR) was stiflingly polluted. This resulted in many falling sick and others having to purchase face masks for personal use and install air purifiers in buildings.

5. The conclusion that the air in the NCR and particularly in Delhi was polluted is not only based on the above information but is also based on the statutory standards or the National Ambient Air Quality Standards laid down in India. The standards are in Schedule VII of the Environment (Protection) Rules, 1986. Broadly stated the presence of PM2.5 should range between 40 and 60 µg/m3 and the presence of PM10 should range between 60 and 100 µg/m3. For the purposes of a lay person understanding this, it would be enough to say that air quality index or AQI is dependent on eight pollutants and the categorization based on the presence of these pollutants is as follows:

In Delhi, during November 2016 the AQI was way above 500 on several days and had even crossed 700 the day after Diwali. The standards laid down in Schedule VII of the Environment (Protection) Rules, 1986 are as follows:

SCHEDULE VII
      National Ambient Air Quality Standards