Year-Round Ban On Firecrackers Required Not Just To Curb Air Pollution But Also To Curb Noise Pollution: Supreme Court

The Supreme Court on Thursday (December 12) directed Delhi government and NCR states to decide on a complete year-round ban on firecrackers, including manufacture, storage, sale, distribution, and use.

A bench of Justice Abhay S. Oka and Justice Augustine George Masih emphasized that the ban was necessary to curb both air and noise pollution. It ordered states to place their decisions on record and kept the matter for issuing directions on next Thursday at 2:00 p.m.

“The issue regarding ban on use of firecrackers in NCR States is yet to be addressed. We direct the concerned state governments to place the decisions on record regarding complete ban on use of firecrackers throughout the year. This is the requirement not only to curb the air pollution but noise pollution as well. We will consider issuing necessary directions to the state government on the issue of ban on use of firecrackers. When we refer to the ban on the use of firecrackers it will also include the ban on manufacture, storage, sale, distribution, of firecrackers”, the Court stated.

The Court dealing with the MC Mehta Case regarding measures to curb air pollution in Delhi NCR. Last month, the Court had said that it will take a call on imposing a year-round ban on firecrackers in Delhi NCR on Monday after hearing the Delhi government and NCR states.

Policy on government vehicles

During the hearing, Justice Oka questioned where there can be a policy mandating the use of electric vehicles (EVs) for government-owned fleets, noting the significant number of vehicles used by government authorities.

Senior Advocate Sadan Farasat, representing the Delhi government, responded that all newly purchased vehicles by the Delhi government were electric. Additional Solicitor General Aishwarya Bhati assured that the matter would be deliberated upon.

Amicus Curiae Aparajita Singh suggested that it was time to transition government fleets to EVs, similar to the earlier shift to CNG.

Subsistence allowance to construction workers

The Court also directed NCR states to ensure payment of subsistence allowance to construction workers affected by GRAP-IV restrictions from November 18 to December 5, 2024. The Delhi government reported that Rs. 8,000 had been paid to 90,000 workers, with steps being taken for additional registrations in the government portal for daily wage workers. Around 20,000 new registrations had been recorded so far, he said.

The Court directed all NCR state governments to ascertain the actual number of workers impacted during the period and ensure payment of subsistence allowances.

The bench stated in its order, “Whether it is the Delhi government or other governments concerned, the emphasis should be not only on registrations but on ascertaining actual number of workers who were deprived from income during the period. We direct all concerned state governments to file comprehensive affidavits dealing with this part of the compliance by 3rd of January 2025. We make it clear that we will continue to monitor this compliance till we are satisfied that every eligible worker has been paid the subsistence allowance.”

On December 2, the Court had summoned the Chief Secretaries of the NCR States to appear virtually over the default in paying subsistence allowance to labourers who are unemployed due to the ban on construction activities.

Today, the amicus curiae noted that Uttar Pradesh had paid allowances to 4.88 lakh workers, Haryana to 1 lakh workers, and Rajasthan had also made payments.

Justice Oka remarked, “Getting the Chief Secretaries here always works!”

Enforcement of Solid Waste Management Rules

Advocate Manan Verma, one of the court commissioners appointed to monitor GRAP compliance, highlighted lapses in implementing GRAP measures and Solid Waste Management Rules, 2016. He submitted photographs of garbage heaps set on fire in Gurgaon.

The Court observed deficiencies in enforcement of the Rules and said that it will deal with this issue. The Court also directed NCR states to appoint nodal officers to facilitate inspections by court commissioners. The commissioners' appointments will continue, and the states were ordered to communicate the nodal officers' contact details promptly.

Comprehensive Policy on Air Pollution

The bench referred to the 2022 “Policy to Curb Air Pollution in the National Capital Region” formulated by the Commission for Air Quality Management (CAQM) and emphasized the need to pass specific directions for its implementation.

The next hearing in the matter is scheduled for December 19, 2024 for dealing with the aforesaid aspects.

Background

The proceedings followed the Court's December 5 order permitting the relaxation of GRAP Stage-IV restrictions to Stage-II due to an improvement in AQI levels. It had directed the reintroduction of Stage-III measures if AQI exceeded 350 and reinstatement of Stage-IV measures if it crossed 400. The Court today allowed implementation of modified GRAP II, with certain GRAP Stage-III measures, such as intensified road sweeping and water sprinkling.

During earlier hearings, the Court has expressed concerns over delayed payments to construction workers, inadequate enforcement of GRAP IV measures, violations of firecracker bans and the entry of polluting vehicles into Delhi. It had also instructed authorities to ensure the safety of court-appointed commissioners tasked with monitoring compliance.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India