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2024 Supreme(Online)(NGT) 3329
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)
For the Applicant(s): Prabhat Yadav
For the Respondent(s): Prashant M. Harne, Parul Bhadoria
Strict enforcement of firecracker bans required to protect public health under Article 21; precautionary principle mandates compliance with Supreme Court directions on green crackers only, testing, and liability for violations despite partial state measures. (38 words)
Headnote:(A) Environment (Protection) Act, 1986 - Noise Pollution (Regulation & Control) Rules, 2000 - Air (Prevention and Control of Pollution) Act, 1981 - Execution Application seeking enforcement of directions on firecrackers - Supreme Court directions banning production/sale/use of certain firecrackers (joined firecrackers, barium salts), permitting only green crackers between 8-10 pm on festivals, requiring testing for banned chemicals, community bursting at designated places, and personal liability of SHOs for violations - State failed to take undertakings from sellers or conduct sampling/testing as directed - Air quality worsened post-festivals in several cities - Tribunal reiterates strict compliance invoking precautionary principle, sustainable development, right to health under Article 21 - No celebration at cost of public health especially vulnerable groups - Directions for monitoring air quality, recovery of compensation from violators, restriction to green crackers in moderate/poor air quality areas for 2 hours on specified festivals, legal action against prohibited crackers. (Paras 3,5,6,26,28)
(B) Precautionary Principle - Applies even absent definite studies where serious irreversible damage threatened - Onus on actors to prove environmental benignity - Polluter pays principle mandates compensation regime double noise violation scale for air breaches, credited to District Environment Compensation Fund. (Paras 5(x),17)
(C) Noise & Air Pollution Enforcement - Authorities (DMs, SPs, Pollution Boards) responsible - Designated time/places only - Violations attract contempt proceedings against SHOs - Extensive awareness campaigns mandatory. (Paras 5(ix),24)
Facts of the case:
Execution application for enforcing Tribunal/Supreme Court orders on firecracker regulations amid non-compliance (no undertakings/sampling), rising air pollution indices post-Diwali, health risks to public especially during festivals.
Findings of Court:
Strict enforcement of bans on prohibited firecrackers, green crackers only in specified conditions, periodic monitoring by DMs/Pollution Board in key districts, compensation recovery, compliance reports.
Issues: Compliance with firecracker bans/timings/testing; impact on air/noise pollution and public health; enforcement by state authorities.
Ratio Decidendi: State agencies must ensure no violation of judicial directions on firecrackers protecting right to health under Article 21; precautionary principle mandates action despite partial compliance claims; compensation and personal liability essential for deterrence.
Result: Execution Application No. 11/2023 disposed of with reiterated/enhanced directions for strict compliance. (Para 32)
| Table of Content |
|---|
| 1. execution application for enforcing prior orders. (Para 1 , 2) |
| 2. supreme court directions banning certain firecrackers. (Para 3 , 5 , 16) |
| 3. non-compliance worsens air quality and health. (Para 4 , 12 , 13 , 14 , 15) |
| 4. health rights under article 21 supersede celebrations. (Para 6 , 17 , 25 , 26) |
| 5. strict enforcement of timing, green crackers, and bans. (Para 7 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 27) |
| 6. state reports compliance measures and data. (Para 8 , 9 , 10 , 11) |
| 7. mandate strict compliance and monitoring. (Para 28 , 29 , 30 , 31) |
| 8. execution application disposed with 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 the police, shall ensure that fireworks take place only during the designated time and at designated places, as mentioned above. They shall also ensure that there is no
