Delhi Air Pollution | Supreme Court Directs UP And Haryana To Impose Complete Ban On Firecrackers Similar To Delhi

“We are of the view that this ban will be effective only when other states forming part of NCR region impose similar measures. Even the state of Rajasthan has imposed similar ban in that part of State of Rajasthan which falls in NCR regions. For the time being we direct the states of Uttar Pradesh and Haryana to impose similar ban which is imposed by the state of Delhi under order dated 19 December 2024”, the Court observed.

A bench of Justice Abhay S Oka and Justice Augustine George Masih heard the Delhi air pollution matter, continuing its review of measures to tackle pollution in the National Capital Region (NCR) as part of an ongoing MC Mehta case.

The Supreme Court today heard the matter concerning air pollution in Delhi-NCR, focusing on the year-round ban on firecrackers, the Graded Response Action Plan (GRAP), and implementation of the Solid Waste Management Rules, 2016.

During the hearing, Senior Advocate Shadan Farasat for the Delhi Government informed the Court that Delhi had imposed a comprehensive ban on firecrackers, covering manufacture, storage, sale, distribution, and use. He emphasized that for this measure to be effective, neighbouring NCR states must adopt similar bans, as firecrackers could still be brought into Delhi from those states.

The Court was informed that while Haryana had permitted the use of green crackers, Rajasthan had imposed a complete ban on firecrackers in the areas falling within the NCR.

In its order, the Court noted:

“In exercise of powers under Section 5 of the Environment Protection Act, 1993, the Delhi government has enforced a complete ban on the manufacture, storage, selling, including delivery through online marketing platforms, and bursting of all kinds of firecrackers in NCT of Delhi throughout the year with immediate effect.”

The bench further stated that such a ban would be effective only if other NCR states imposed similar restrictions.

Justice Oka remarked, “For a change, we are suggesting the Delhi model should be followed!”

The matter has been listed for further hearing on January 15, 2025, to consider additional directions on the firecracker ban.

Background

The Supreme Court had earlier expressed concerns over inadequate enforcement of firecracker bans in Delhi-NCR. On December 12, the Supreme Court directed the Delhi government and NCR states to decide on a complete year-round ban on firecrackers, including their manufacture, storage, sale, distribution, and use. The Court emphasized that such a ban was necessary to control both air and noise pollution.

Previously, the Court had observed that no religion encouraged polluting activities and had called for strict enforcement of the ban in line with citizens' right to a clean environment under Article 21 of the Constitution. It has also proposed to conduct specific issue-wise hearings starting in January to address broader pollution challenges in other cities across India.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India