Back
2024 Supreme(Online)(NGT) 631
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Dr. P.G. Najpandey – Appellant
Versus
State of Madhya Pradesh – Respondent
Execution Application No. 11/2023(CZ)|Original Application No. 76/2021(CZ)|(I.A. No. 137/2023)
For the Applicant(s): Mr. Prabhat Yadav, Adv.
For the Respondent(s): Mr. Prashant M. Harne, Adv., Ms. Parul Bhadoria, Adv.
Strict enforcement of firecracker bans mandated to protect right to health under Article 21; no celebration at cost of public health, esp. vulnerable groups; precautionary principle applies with authorities personally liable for violations.
Headnote:(A) Environment (Protection) Act, 1986 - Noise Pollution (Regulation & Control) Rules, 2000 - Air (Prevention and Control of Pollution) Act, 1981 - Firecrackers regulation - Execution application seeking enforcement of prior directions on banning sale/use of banned firecrackers containing barium salts, series crackers, chemicals like antimony/lithium/mercury/arsenic/lead/strontium/chromate - Supreme Court directions (WP
(C) No. 728/2015 dated 29.10.2021) mandated inspections, testing, undertakings from sellers - State circular dated 31.10.2021 issued but not implemented (no undertakings taken, no sampling/testing in 2022-23) - Resulted in air quality deterioration, health impacts under Article 21 - No total ban; only green/improved crackers permitted during 8-10 pm on festivals - SHOs personally liable for violations (contempt) - Celebration cannot infringe right to health of others, esp. children/senior citizens - Precautionary principle applies; onus on actors to prove environmental benignity - State reported ban on restricted crackers, criminal cases, awareness campaigns, reduced noise levels per Pollution Control Board data - Directions reiterated for strict compliance, monitoring AQI, recovery of compensation from violators via District Magistrates into Environment Compensation Fund - Double compensation for air+noise violations per CPCB regime. (Paras 3,4,5,6,7,8,9,28,32)
(B) Constitutional Law - Article 21 - Right to health overrides celebration/business interests - Polluter pays principle; no right to pollute beyond norms - Authorities (DMs, SPs, PCBs) duty-bound to enforce; coercive measures for non-compliance. (Paras 6,17,26)
Facts of the case:
Execution application to enforce Tribunal order in OA 76/2021(CZ) and Supreme Court directions banning non-green firecrackers - Applicant alleged non-implementation of State circular (no seller undertakings/testing), leading to poor AQI post-Diwali (e.g., 241 in one city), noise exceedance, health risks - State filed report claiming bans, seizures, monitoring showing noise decrease.
Findings of Court:
Prior directions not fully complied; undertakings/testing lapsed - Reiterated bans on specified crackers/chemicals, timing restrictions, community bursting feasibility - Directed strict enforcement, periodic AQI monitoring in key cities, compensation recovery, legal action against prohibited items.
Issues: Whether State complied with Supreme Court/Tribunal directions on firecracker regulations; adequacy of enforcement against banned items amid pollution/health concerns; liability for violations.
Ratio Decidendi: Health/public interest under Article 21 mandates strict compliance with firecracker bans/restrictions - No authority can permit violations under celebration guise; precautionary principle requires action sans full scientific certainty; SHOs/DMs personally accountable; compensation regime (doubled for air+noise) enforceable.
Result: Execution Application No. 11/2023(CZ) disposed of with reiterated/enhanced directions for compliance. (Para 32)
| Table of Content |
|---|
| 1. execution application for enforcing prior orders filed. (Para 1 , 2) |
| 2. supreme court and mp govt directions on firecracker bans issued. (Para 3 , 11) |
| 3. applicants allege non-compliance worsening air quality. (Para 4 , 12 , 13 , 14 , 15) |
| 4. key supreme court directions on green crackers quoted. (Para 5 , 16) |
| 5. health rights under article 21 override celebrations. (Para 6 , 26) |
| 6. strict compliance with supreme court firecracker restrictions mandated. (Para 7 , 27 , 28 , 29) |
| 7. state reports bans, monitoring show compliance efforts. (Para 8 , 9 , 10) |
| 8. ongoing monitoring and execution application disposed. (Para 30 , 31 , 32) |
ORDER
1. This Execution Application has been filed to execute the order of the Tribunal passed in O.A. No. 76/2021(CZ) and directions of Hon’ble Supreme Court of India passed in W.P.(C) No. 728/2015. A report was called from the respondents which has been filed.
2. Heard the argument and perused the record.
3. Hon’ble Supreme Court of India in WP(C) 728/2015 vide order dated 29.10.2021 issued directions to take actions against those who sale banned fire crackers. Accordingly, Home Ministry of Govt. of MP issued directions on 31.10.2021 to all Collectors and Superintendent of Police of MP for inspection and testing of fire crackers and for taking an undertaking from sellers of fire crackers that they will abide the directions of MP Govt. But this circular of Govt. of MP became a white wash since undertakings were not taken from sellers of fire crackers during the year 2022-23 and thereafter also sampling and testing of fire crackers has not still been done.
4. The contention of the applicant is that the undertaking and testing as narrated by directions issued by the M.P. Govt. have not been carried out, which resulted in violation of direction of Hon’ble Supreme Court and further aggravating the air quality index in the region, adversely affecting the health of the public.
5. Vide order dated 19.10.2023 in above Execution Application No. 11/2023, the orders of the Hon’ble Supreme Court of India dated 23.10.2018 was repeated and orders passed in Original Application No. 76/2021 (CZ) was directed to be enforced in letter and spirit. Some of the observations are quoted below:-
i. The Chief Secretaries and DGPs may issue and circulate an appropriate order in above terms with appropriate enforcement guidelines to all the District Magistrates and Superintendents of Police, PCBs/PCCs.
ii. As a consequence, production and sale of crackers other than those mentioned in Suggestions II and III is hereby banned.
iii. The manufacture, sale and use of joined firecrackers (series crackers or laris) is hereby banned as the same causes huge air, noise and solid waste problems.
iv. The sale shall only be through licensed traders and it shall be ensured that these licensed traders are selling those firecrackers which are permitted by this order.
v. PESO is directed to review the clinical composition of fireworks, particularly reducing Aluminium content, and shall submit its report in respect thereof within a period of two weeks from today. For undertaking this exercise, PESO would also associate FRDC.
vi. PESO will ensure fireworks with permitted chemicals only to be purchased / possessed /sold /used during Diwali and all other religious festivals, of any religion whatsoever, and other occasions like marriages, etc. It shall test and check for the presence of banned chemicals like lithium /arsenic / antimony / lead/mercury.
vii. PESO will ensure suspension of the licences of manufacturers of such fireworks items and appropriate disposal of such stock.
viii. Extensive public awareness campaigns shall be taken up by the Central Government/State Governments /Schools/ Colleges informing the public about the harmful effects of firecrackers.
ix. All the official respondents, and particularly the police, shall ensure that fireworks take place only during the designated time and at designated places, as mentioned above. They shall al
