Air Pollution In MP: NGT Permits Only Green Crackers For Two Hours In Areas With 'Moderate' Air Quality

Observing that celebration cannot be at the cost of the other's health, the central bench of the National Green Tribunal (NGT) has directed Madhya Pradesh authorities to use green firecrackers in cities where air quality is 'moderate', that too only for two hours.

The bench of Justice Sheo Kumar Singh and Dr. Afroz Ahmad said, “We direct to restrict use of fire crackers in cities/towns where air quality is ‘moderate’ or below to green crackers only and for duration of not more than two hours and only for celebration of any specified festival or occasion will continue.”

It further added that such festivals will be specified by the States or District Magistrates. Other than specified festivals, prior permission of the District Magistrate of the area will be required for use of crackers for a limited period which will be given having regard to the local conditions of impact on public health.

These observations came in response to the plea raising concern over aggravating air quality index in Madhya Pradesh. The applicant submitted that the undertaking and testing as narrated by directions issued by the M.P. Govt. have not been carried out, which resulted in violation of direction of Supreme Court on ban of use of prohibited crackers.

The applicant submitted the report showing that the pollution index increased in the year 2022 in comparison to the previous year and there was no effective control on the use of firecrackers.

Considering the submissions the Court noted that in Arjun Gopal v. Union of India (2019)13 SCC 523, the Apex Court while banning certain categories of fire crackers and directing regulations of the remaining, it was directed that on Diwali days or other festival firecracker will be used strictly between a certain time only…”

“It is unfortunate that despite the various directions issued by this Court referred to hereinabove, there is a blatant violation of various directions issued by this Court and it is alleged that manufacture, sale and use of banned fireworks have been continued. Even though they are banned, the manufacturing, selling and using of joined firecrackers have been continued and the same is being used in blatant violation of the directions issued by this Court,” noted the bench.

Raising concern over the non-compliance of Supreme Court and NGT directions, the Tribunal said, it is the duty of all states to ensure that the guidelines are strictly followed, as violations can negatively affect the health of senior citizens and children.

The Tribunal directed the authorities to ensure that the prohibited firecrackers like series firecrackers and in which barium salt has been used should be restricted and necessary legal action be initiated against the use of barium salt crackers.

“The District Magistrate, Gwalior, Indore, Bhopal and Jabalpur are further directed to periodically monitor the air quality and in case of below the standard as prescribed, the necessary action must be initiated to maintain the air quality in the area,” it added further.

The matter is now listed for November 08, for further consideration.

Title: Dr. P.G. Najpandey & Ors v. State of Madhya Pradesh & Ors.

Advocate for the applicant: Prabhat Yadav