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The Supreme Court today dismissed the appeals challenging NGT's order which had imposed complete ban on the sale and use of all firecrackers during CoVID in NCR & other cities where Air Quality Index (“AQI”) is poor. 

Bench of Justice AM Khanwilkar and Justice Sanjiv Khanna also clarified that there is no blanket ban on manufacture of fire crackers & sale can be permitted by the State Govt depending upon the AQI. 

The Court also observed that scientific studies were not required to gauge the ill effects of fire crackers on health and any resident of Delhi was aware of its effects especially during diwali when there was a spike in pollution level. 

“Grievance was expressed that manufacturing activities will also be prohibited in the concerned area if Air Quality falls. The impugned order does not deal with the situation. If the situation is covered by general directions of the Supreme Court, it must be followed in letter & spirit. In other words, these appeals are devoid of merit and dismissed,” Court said.

Senior Advocate PS Narasimha appeared for the firecracker sellers/ dealers and Advocate Jai Sai Deepak appeared for an individual retailer. 

Senior Counsel for firecracker sellers/ dealers submitted that NGT’s order deviated from Top Court’s judgement in Arjun Gopal v. Union of India. 

The Court however said that the Tribunal after analysing the same had adopted a moderate approach. 

Advocate J Sai Deepak appearing for an individual retailer submitted that the Top Court despite the severe air quality took a categorical position in Arjun Gopal and that the NGT order was against this. 

It was also his contention that the NGT order had rendered the retailer without resources and lack of clarity was enabling him to lose money. 

The Court while expressing the Counsel’s argument said, “Retailers cannot claim unwarwarenss. A graded criteria has been laid down. The moment there is poor quality of air, all activities should stop.”

Advocate Sai Deepak also contended that firecrackers did not figure in the top 15 reasons for pollution and all causal factors such as stubble burning should also be considered if the main issue was redressal of pollution. He also argued that the firework industry had received the short end of the stick.

“Do we need IIT to understand the impact of fire cracker on your lungs? This is common knowledge. We have come a long way from 2017 & we’re in the middle of a pandemic,” Court remarked.

The National Green Tribunal in December 2020 had directed that total ban on the sale and use of all kinds of firecrackers during COVID-19 pandemic in the NCR and all cities/towns in the country where the ambient air quality falls under the 'poor' and above category.  

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said its direction to restrict the use of firecrackers in cities/towns where air quality is 'moderate' or below to green crackers and for the duration of not more than two hours will continue. 

"There will be a total ban on the sale and use of all kinds of firecrackers during COVID-19 pandemic in the NCR and all cities/towns in the country where the ambient air quality falls under the 'poor' and above category," the bench said.

Case Title:  UTTAR PRADESH UDHYOG VYAPAR PRATINIDHI MANDAL and another Vs MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE and another

[Picture Credits: Indian Express]