ARJUN GOPAL AND OTHERS versus UNION OF INDIA AND OTHERS

Citation: [2018] 13 S.C.R. 464 · Decided: 23-10-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Directions issued

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 13 S.C.R.
ARJUN GOPAL AND OTHERS
v.
UNION OF INDIA AND OTHERS
(IA Nos. 6 and 8 of 2016, IA Nos. 10, 11, 80176, 96202, 109668,
109720 and 122778  of  2017,  IA  Nos. 68888  and 68897 of 2018)
in
(Writ Petition (Civil) No. 728 of 2015)
OCTOBER 23, 2018
[A.K. SIKRI AND ASHOK BHUSHAN, JJ.]
Environment – Air Pollution – Petitioners prayed for directions
to the respondents to take possible measures for checking the
pollution by striking at the causes of the pollution, which included
banning the use of firecrackers, sparkles and minor explosives, in
any form, during festivals or otherwise – The following specific
directions were issued: (1) Crackers with reduced emission (improved
crackers) and green crackers only would be permitted to be
manufactured and sold; (2) Production and sale of  other  crackers
is  hereby  banned; (3) Manufacture, sale and use of joined
firecrackers (series crackers or laris) is hereby banned; (4) Sale
shall only be through licensed traders; (5) no e-commerce websites,
including flipkart, amazon etc., shall accept any online orders and
effect online sales; (6) barium salts in the fireworks is also hereby
banned; (7) Petroleum and Explosives Safety Organisation (PESO)
is directed to review the clinical composition of fireworks,
particularly reducing aluminum content – For undertaking this
exercise, PESO would also associate Fireworks Research and
Development Centre (FRDC); (8) even those crackers which have
already been produced and they do not fulfill the reduced emission
firecrackers conditions will not be allowed to be sold in Delhi and
NCR; (9) 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;
(10) PESO will ensure suspension of the licenses of manufacturers
of such fireworks items and appropriate disposal of such stock;
[2018] 13 S.C.R. 464
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(11) PESO will ensure that only those crackers whose decibel
(sound) level are within the limits are allowed in the market and will
ensure to take action by suspending the licenses of the manufacturers
on such violations and disposal of such lots; (12) 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; (13) On Diwali days or on any
other festivals like Gurpurab etc., when such fireworks generally
take place, it would strictly be from 8:00 p.m. till 10:00 p.m. only –
On Christmas eve and New Year eve, when such fireworks start
around midnight, i.e. 12:00 a.m., it would be from 11:55 p.m. till
12:30 a.m. only; (14) The Union of India, Government of NCT of
Delhi and the State Governments of the NCR would permit community
firecracking only for Diwali and some other festivals, wherever it
can be done –  Even for marriages and other occasions, sale of
only improved crackers and green crackers is permitted – Insofar
as other States are concerned, an endeavour shall be made by them
also to explore the feasibility of community firecracking; (15) 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; (16) Central Pollution
Control Board (CPCB) and respective State Pollution Control Boards/
Pollution Control Committees (SPCBs/PCCs) of the States and Union
Territories shall carry out short-term monitoring in their cities for
14 days (commencing from 7 days prior to Diwali and ending 7
days after Diwali) for the parameters namely, Aluminum, Barium,
Iron apart from the regulatory parameters against the short-term
Ambient Air Quality Criteria Values (AAQCVs) proposed by CPCB
with regard to bursting of firecrackers.
Vellore Citizens’ Welfare Forum v. Union of India and
Others
(1996) 5 SCC 647 : [1996] 5 Suppl.  SCR
241 ; A.P. Pollution Control Board v. Prof. M.V. Nayudu
(Retd.) and Others (1999) 2 SCC 718 : [1999] 1 SCR
235 ; Noise Pollution (V), in Re (2005) 5 SCC 733 :
[2005] 1 Suppl. SCR 624 ;  Shivashakti Sugars Limited
v. Shree Renuka Sugar Limited and Others (2017) 7
SCC 729 – referred to.
ARJUN GOPAL AND OTHERS v. U

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