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2024 Supreme(Online)(NGT) 5376
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): Prabhat Yadav
For the Respondent(s): Prashant M. Harne, Parul Bhadoria
Strict enforcement of firecracker bans mandated under precautionary principle; right to health (Article 21) prevails over celebrations; SHOs personally liable for violations; compensation recoverable for air/noise pollution exceedances.
Headnote:(A) Environment (Protection) Act, 1986 - Noise Pollution (Regulation & Control) Rules, 2000 - Air (Prevention and Control of Pollution) Act, 1981 - Constitution of India - Article 21 - Firecrackers regulation - Execution application for enforcement of prior orders banning sale/use of banned firecrackers (series crackers, barium salts), permitting only green crackers during specified 2-hour windows on festivals - State directions issued but not implemented (no undertakings/sampling) leading to air/noise pollution violations - Supreme Court directions (WP
(C) No. 728/2015, order 29.10.2021; Arjun Gopal (2019) 13 SCC 523) reiterated: strict enforcement, SHO personal liability for violations (contempt), PESO testing for banned chemicals, community bursting at designated places, public awareness - Precautionary/sustainable development principles applied; health (esp. children/seniors) prevails over celebration - State reports ban on restricted crackers, criminal cases, monitoring showing reduced noise, but applicants allege non-compliance, AQI spikes - Directions: strict compliance, DMs monitor AQI/PM levels, recover compensation from violators (double for air+noise breaches into District Environment Compensation Fund), restrict to green crackers in moderate/poor AQI areas. (Paras 3-32)
(B) Polluter Pays Principle - Compensation regime for noise/air violations from firecrackers: graduated fines (Rs.3000-1,00,000 based on duration/dB exceedance), doubled for air breaches, repeat violations; credited to District Environment Compensation Fund for restoration/victim claims. (Paras 16-17)
Facts of the case:
Execution application to enforce Tribunal order in OA 76/2021(CZ) and Supreme Court directions against banned firecrackers sale/use amid non-compliance (no seller undertakings/testing), causing AQI deterioration (e.g., 203-241 on Diwali night in cities), health risks under Article 21; State claims bans enforced, noise/AQI monitored with reductions.
Findings of Court:
Prior directions binding; blatant violations noted; State must ensure green crackers only (8-10 pm festivals), no banned items/chemicals, community sites, SHO liability; DMs recover compensation, monitor AQI.
Issues: Whether State complied with firecracker bans/restrictions; enforcement against pollution from non-green crackers; compensation for violations; balancing celebration with right to health.
Ratio Decidendi: Celebration cannot infringe Article 21 right to health; precautionary principle mandates strict enforcement of bans on injurious firecrackers despite lack of exact studies; authorities (DMs/SHOs) personally accountable; compensation via polluter pays for air/noise exceedances.
Result: Execution Application No. 11/2023 disposed of with reiterated/enforcement directions. (Para 32)
| Table of Content |
|---|
| 1. supreme court directions on firecracker bans (Para 1 , 3 , 5 , 16) |
| 2. non-compliance worsens air quality (Para 4 , 12 , 13 , 14 , 15) |
| 3. health rights over celebrations (Para 6 , 17 , 25 , 26) |
| 4. strict enforcement of restrictions (Para 7 , 27 , 28 , 29) |
| 5. state actions and monitoring data (Para 8 , 9 , 10 , 11) |
| 6. ongoing monitoring and disposal (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 also ensure that there is no sale of banned firecrackers. In case any violation is found, the Station House Officer (SHO) of the police station of the area concerned shall be held personally liable for such violation and this would amount to committing contempt of t
