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2024 Supreme(Online)(NGT) 2444
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
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): Prabhat Yadav
For the Respondent(s): Prashant M. Harne, Parul Bhadoria
Strict enforcement of firecracker bans on non-green types required to protect public health under Article 21; state authorities must ensure compliance, testing, time-bound use, official liability, compensation for violations via precautionary principle.
Headnote:(A) Environment Protection - Firecrackers regulation - Supreme Court directions in WP
(C) No. 728/2015 dated 29.10.2021 and 23.10.2018 banning production/sale/use of crackers other than improved/green crackers, joined firecrackers (series/laris), barium salts, and chemicals like antimony/lithium/mercury/arsenic/lead; restricting use to 8-10 pm on festivals; mandating sampling/testing by authorities, undertakings from sellers, licensed sale only, PESO verification, public awareness, community bursting at designated places, SHO personal liability for violations amounting to contempt - State circular dated 31.10.2021 directing Collectors/SPs for inspections, sampling, undertakings not fully implemented, leading to poor air quality post-Diwali - Tribunal enforces compliance stressing right to health under Article 21 over celebrations, precautionary principle, no total ban but only on injurious crackers affecting senior citizens/children - Directions to restrict to green crackers in moderate/poor AQI areas for 2 hours on specified festivals, DMs to assess/recover compensation from violators, monitor AQI, ban prohibited crackers, legal action. (Paras 3-11, 28)
(B) Air/Noise Pollution - Exceedance of norms during festivals violates Air Act 1981/Noise Rules 2000 - Responsibility on DMs/SHOs/DSPs/PCBs for enforcement - Compensation regime: Rs.1000-1,00,000+ doubling for repeats, credited to District Environment Compensation Fund for restoration/victim claims - Precautionary/sustainable development principles apply, onus on polluter to prove benign action. (Paras 10, 16)
Facts of the case:
Execution application for enforcing Tribunal order in OA 76/2021(CZ) and Supreme Court directions against banned firecrackers - State reported ban on restricted crackers, criminal cases, green crackers awareness 8-10 pm, AQI/noise data showing declines/mixed compliance, but applicant highlighted non-testing/undertakings, post-Diwali AQI spikes (200+), noise exceedances.
Findings of Court:
Strict compliance mandated with prior orders; DMs in specified districts to monitor AQI, restrict green crackers only where moderate/poor, recover compensation, ensure no prohibited crackers; PCBs/Collectors periodic monitoring.
Issues: Whether state authorities complied with firecracker bans/regulations; impact on air quality/health; enforcement mechanisms for violations.
Ratio Decidendi: Celebration cannot infringe others' right to health under Article 21; states must enforce Supreme Court/Tribunal directions on green crackers only, time-bound use, testing, liability on officials; compensation for violations via polluter pays, precautionary principle without needing exact studies.
Result: Execution Application No. 11/2023(CZ) disposed of with enforcement directions. (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. (Para 3 , 11) |
| 3. non-compliance worsens air quality and public health. (Para 4 , 12 , 13 , 14 , 15) |
| 4. reiteration of supreme court firecracker restrictions. (Para 5 , 16) |
| 5. health rights under article 21 override celebrations. (Para 6 , 26) |
| 6. strict compliance with sc and tribunal directions mandated. (Para 7 , 27 , 28 , 29 , 30 , 31) |
| 7. state reports ban enforcement and pollution data. (Para 8 , 9 , 10) |
| 8. enforcement of timing, zones, and green crackers only. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 9. blatant violations of firecracker bans persist. (Para 25) |
| 10. execution application disposed with monitoring directions. (Para 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 t
