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2024 Supreme(Online)(NGT) 2158
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 required to protect right to health under Article 21; State authorities liable for non-compliance with Supreme Court directions on green crackers, testing, and timed use; precautionary principle mandates action against pollution.
Headnote:(A) Environment (Protection) Act, 1986 - Noise Pollution (Regulation & Control) Rules, 2000 - Air (Prevention and Control of Pollution) Act, 1981 - Execution application for enforcement of directions on firecrackers - Supreme Court directions banning production/sale/use of certain firecrackers including joined firecrackers and barium salts, permitting only green crackers during specified 2-hour windows on festivals, requiring testing for banned chemicals, public awareness, and community bursting at designated places - State failed to take undertakings from sellers or conduct sampling/testing as directed, leading to violations and air quality deterioration - Tribunal reiterates strict compliance, holds SHOs personally liable for violations amounting to contempt, directs monitoring of air/noise quality, recovery of compensation from violators per polluter pays principle, restriction to green crackers in moderate or below air quality areas, and periodic enforcement by District Magistrates and Pollution Control Board. (Paras 3,5,7,8,28,32)
(B) Constitutional Law - Article 21 - Right to health prevails over celebration; no infringement of others' health under guise of festivities, particularly affecting senior citizens/children - Precautionary and sustainable development principles mandate enforcement despite lack of exact studies. (Paras 6,26)
(C) Enforcement - Compensation regime for violations doubled for air and noise norms combined, credited to District Environment Compensation Fund; second/multiple violations attract deterrent penalties, sealing of premises. (Paras 16,28(iv))
Facts of the case:
Execution application filed to enforce Tribunal and Supreme Court orders banning non-green firecrackers, restricting timings/use, amid State reports claiming bans/cases registered but applicants alleging non-compliance with testing/undertakings, evidenced by elevated air quality indices post-Diwali and news reports on pollution impacts.
Findings of Court:
Directions of Supreme Court and Tribunal to be strictly complied; green crackers only in specified conditions; District Magistrates to monitor air quality, recover compensation, restrict prohibited types; Pollution Control Board to oversee monitoring.
Issues: Whether State complied with firecracker regulations including undertakings, sampling/testing, and enforcement; adequacy of measures against pollution from banned crackers affecting public health.
Ratio Decidendi: Health under Article 21 paramount; authorities duty-bound to enforce bans on injurious firecrackers via testing, licensed sales, timed use, liability on SHOs; non-compliance unacceptable, compensation recoverable per environmental principles.
Result: Execution Application disposed of with reiterated/enhanced directions for strict compliance.
| Table of Content |
|---|
| 1. execution of prior tribunal and supreme court orders. (Para 1 , 2) |
| 2. non-compliance with firecracker ban directives. (Para 3 , 11) |
| 3. applicant's claims of violations and pollution impact. (Para 4 , 12 , 13 , 14 , 15) |
| 4. supreme court directions on green crackers and bans. (Para 5 , 16) |
| 5. health rights under article 21 override celebrations. (Para 6 , 17 , 25 , 26) |
| 6. strict compliance with sc and tribunal firecracker restrictions. (Para 7 , 27 , 28 , 29) |
| 7. respondents' reports on enforcement and monitoring. (Para 8 , 9 , 10) |
| 8. enforcement mechanisms and time/place restrictions. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 9. ongoing monitoring and disposal of execution application. (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 d
