Case Note:
Environment - Air pollution - Usage of fireworks - Petitioners approached present Court seeking emergent reliefs in relation to extreme air pollution in National Capital Region - Whether any direction could be issued in present matter
Facts:
The Petitioners approached the present Court seeking emergent reliefs in relation to the extreme air pollution in the National Capital Region (NCR). The Petitioner sought wide ranging reliefs against the use of fireworks including fire crackers, prevention of harmful crop burning, dumping of malba and further steps towards environmental purity. However, the present Court restricted to grant of interim relief in respect of fireworks.
Held:
(i) The hazardous levels of air pollution in the last few weeks has spared very few from its ill effects. The life of the citizens of NCR was brought to a virtual standstill, not to speak about the plight of the thousands of mute flora and fauna in NCR. Schools were declared shut, denizens of the city advised to stay indoors, construction activities stopped, power stations shut and ban imposed on burning of garbage and agricultural waste. The fall in air quality has had a significant impact on people’s lifestyle as well. The rising costs to protect against air pollution are substantial. It has come to our notice that people are queuing up to purchase protective masks and air purification systems in the wake of dense smog all over the NCR. In short, the capital was ‘smogged’ into an environmental emergency of unseen proportions. [7]
(ii) During the festival-marriage season, a report suggested that more than 40 recognized and other dangerous forms of firecrackers were used. These fireworks released a deadly concoction of fumes into an almost-still winter air, causing extreme air pollution during this time. These fire crackers apart from causing acute air pollution also caused severe noise pollution. A study suggested that fireworks emit fine particles of various elements like Copper, Barium, Strontium, Magnesium and Potassium, all of which were used to provide the colour and glitter to fireworks. [11]
(iii) There was no doubt that protecting citizens (including those who use fireworks) by making these unavailable in the market would require the suspension of trade of a miniscule Section of the population. Maybe they have acquired stocks for sale or obtained credit for their business. Balancing the vital interests of the vast majority of citizens against the commercial interests of a few, the balance must heavily tilt in favour of citizens in general. [17]
(iv) It would be inappropriate that explosives which were used as fireworks should be available in the market in the NCR till further orders. The mechanism of the law in this regard was clear. Rule 1182 of the Explosive Rules, 2008, framed under the Explosives Act, 1884 provides for the manner in which licenses issued under the Explosives Act to store and sell explosives could be suspended or cancelled. Sub-rule (5) thereof specifically confers on the Central Government a power to suspend or cancel a license if it considers that it is in public interest. An opportunity to hear the licensee could be dispensed with if the Central Government considers that in public interest. The grave air quality situation in NCR is one such case, where this Court, can intervene and suspend the licenses to store and sell fireworks in the NCR. The Central Government was directed to suspend all such licenses as permit sale of fireworks, wholesale and retail within the territory of NCR. The suspension shall remain in force till further orders of this Court. No such licenses shall be granted or renewed till further orders. The CPCB was directed to study and prepare a report on the harmful effects of the materials which are currently being used in the manufacture of fireworks. [19] and[20]
Arjun Gopal and Ors. vs. Union of India (UOI) and Ors. (11.11.2025 - SC) : MANU/SC/1652/2016