ARJUN GOPAL AND ORS. versus UNION OF INDIA AND ORS.

Citation: [2017] 11 S.C.R. 821 · Decided: 12-09-2017 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Disposed off
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Judgment (excerpt)

[2017] l 1 S.C.R. 821 
ARJUN GOPAL AND ORS. 
v. 
UNION OF INDIA AND ORS. 
(I.A. No. 52448 of 2017) 
In 
(Writ Petition (Civil) No. 728 of2015) 
SEPTEMBER 12, 2017 
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] 
Constitution of India - Art. 32 - Public interest litigation -
Wi·it petition seeking ban on use of fireworks, sparklers and minor 
explosives in any form, during festivals or otherwise - Interim order 
passqd on 11.11.2016 directing suspension of all such licences 
permitting sale ofjireworks, wholesale and retail within the territo1:v 
A 
B 
c 
of the National Capital Region - Manufacturers and suppliers of D 
fireworks seeking modification of the interim order - Held: 
Continuing the suspension of licences might be too radical a step 
to take for the present - A graded and balanced approach is 
necessary that would reduce and gradually eliminate air pollution 
in Delhi and in the NCR caused by the bursting of.fireworks - At 
the same time it is necessary to ensure that injustice is not caused to 
those who have already been granted a valid permanent licence to 
possess and sell firework.1· in Delhi and the NCR - Graded and 
balanced approach is not intended to dilute the primary concern 
which is and remains the health of everybody and the human right 
E 
F 
to breathe good quality air - Health must take precedence over the 
commercial or other interest of the applicant and those granted a 
permanent I icence lo possess and sell fireworks - Thus, a graded 
regulation is necessary which would eventually result in a 
prohibition - F11rthe1: it cannot be said with any great degree of 
certain(v that the extremely poor quality of air in Delhi in November 
and December 2016 was the result only of bursting.fireworks around G 
Diwali, certainly, there were other causes as well - As a result, a 
complete ban 011 the sale of fireworks would be an extreme step that 
might not be fi11/y warranted on the facts available - Also, large 
number of temporary licences have been issued for possession and 
sale of fireworks - Thus, there is some justification for modifying H 
821 
822 
SUPREME COURT REPORTS 
[2017] ll S.C.R. 
A 
the interim order and lijling the suspension of the permanent 
licences - Jn v1ell' thereof; <lirec:tions issued H'/tereb.v suspension oj 
permanent licenses by order dated 11.11.2017, lilied temporarily -
Pollution - Air pollution. 
B 
c 
D 
E 
F 
G 
H 
Disposing of the interim application, the Conrt 
HELD: 1.1 There can be no doubt that the residents of the 
NCT of Delhi 11nd indeed the entire NCR arc entitled to breathe 
unpolluted air, They arc entitled to the protection of their health 
from the advctsc consequences of breathing in air polluted by 
the bursting of fireworks, The right to breathe clean air is a 
recognized right under the Constitution. [Paras 65. 66] [851-CJ 
l.2 The right to health coupled with the right to breathe 
clean air leaves no manner of doubt that ii is important that air 
pollution deserves to be eliminated and one of the possible 
methods of reducing it during Diwali is by continuing the 
suspension of licences for the sale of fireworks and therefore 
implicitly, prohibiting the bursting of fireworks. [Para 67) [852-
D) 
l.3 Continuing the suspension of licences might be too 
radical a step to take for the present-a graded and balanced 
approach is necessary that would reduce and gradually eliminate 
air pollution in ,Delhi and in the NCR caused by the bursting of 
fireworks. At the same time it is necessary to ensure that injustice 
is not caused to those who have already been granted a valid 
permanent licence to possess and sell fireworks in Delhi and the 
NCR. The graded and balanced approach is not intended to dilute 
the primary concern which is and remains the health of everybody 
and the human right to breathe good quality air or at least not be 
compelled to breathe poor quality air. Generally speaking, this 
must take precedence over the commercial or other interest of 
the applicant and those granted a permanent licence to possess 
and sell fireworks. [Para 68) [852-G-H; 853-A-B] 
1.4 It cannot be said with any great degree of certainty that 
the extremely poor quality of air in Delhi in November and 
December 2016 was the result only of bursting fireworks around 
Diwali. Certainly, there were other causes as well, but even so 
the contribution of the bursting of fireworks cannot be glossed 
ARJUN GOPAL AND ORS. v. UNION OF INDIA AND ORS. 
over. Unfortunately, neit
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