National Green Tribunal
Dr. P.G. Najpandy vs Chief Secretary on 8 July, 2022
Item No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Execution Application No. 08/2021(CZ)
In
Original Application No. 76/2021(CZ)
Dr. P.G. Najpande & Anr. Applicant(s)
Versus
Chief Secretary, Govt. of M.P. & Ors. Respondent(s)
Date of completion of hearing and reserving of order : 05.07.2022
Date of uploading of order on the website : 08.07.2022
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Mr. Prabhat Yadav, Adv.
For Respondent(s) : Mr. Sachin K. Verma, Adv.
Ms. Parul Bhadoria, Adv.
ORDER
1. On the basis of data of air quality index released by the Centre Pollution Control Board relating to the cities of Bhopal, Jabalpur, Indore and Gwalior the applicant has assessed that :-
i. In two cities where AQI was already "poor" category, the fire crackers were not banned.
ii. In other two cities raise in air quality index from moderate to poor category shows that green crackers were not used. iii. Crackers were heard till 2 pm in all above cities, shows that directions of bursting crackers for 2 hours was totally violated. and filed this petition that the orders issued in Original Application No. 76/2021 dated 27.02.2021 and the directions issued by Hon'ble the Supreme Court of India in Arjun Gopal Vs. Union of India & Ors. (2019) 13 SCC 523 regulating the firecrackers and directions of remedial actions against pollution by use of firecrackers, aggravating the menace of Covid-19 Pandemic, posing higher danger to the life and health of the vulnerable groups has not been taken care of and the orders and directions have not been complied.
2. The matter was taken up by this Tribunal and the State was directed to submit the reply and in compliance thereof, the respondent nos. 1,4 & 5 i.e. Chief Secretary, Collector Jabalpur, Indore, Gwalior and Bhopal have filed the reply and compliance as follows:-
"4. The MPPCB had inaugurated the control room vide order dated 01.11.2021 and constituted joint inspection committee of five expert members for the purpose of inspection of firecrackers and for checking the AQI during the Diwali festival.
5. In compliance of the directions passed by Hon'ble Supreme Court in Arjun Gopal Vs. Union of India & Ors. (W.P. No. 728/2015) vide order dated 29.10.2021 the samples of the firecrackers were collected from various shops in 01.11.2021 by the officials of MPPCB, Jabalpur for ensuring that the decible (sound) level of firecrackers are within the prescribed limits.
6. the inspection of two firecrackers manufacturing factories situated in Jabalpur District viz. M/s Jai Durga Sparklars, Jabalpur and M/s Jai Sai Baba Sparklers, Jabalpur was carried out by the officials of MPPCB on 02.11.2021. At the time of inspection it was found that the above mentioned factories manufacture Fuljharis only which are not banned as the same does not cause extensive air, noise and solid waste problems. Therefore, it is evidently clear that these factories have not having greater adverse impact on air quality index and on the health of the people residing in district Jabalpur.
7. Respondent No. 4 has taken proper action for the enforcement of the directions passed by the Hon'ble Supreme Court of India and Hon'ble NGT. The answering Respondent no. 4 has taken all the measures to curb the air quality index in district Jabalpur by carrying out time to time inspection of all the manufacturers, factories, traders who are involved in production and sale of the firecrackers. The sample of the firecrackers is collected for the process of inspection which is carried out by the experts of MPPCB. Further, an affidavit is taken from the license holders pertaining to the compliance of the directions passed by the Hon'ble Supreme Court and in case of non-compliance statutory action will be taken against the license holder.
8. That the notice has been issued to all the District Collectors of State of M.P. from the Department of Home, Madhya Pradesh vide letter dated 31.10.2021 for compliance of the directions passed by the Hon'ble Supreme Court of India in Arjun Gopal Vs. Union of India & Ors. The authorities further directed to take the undertaking of all the manufacturers of firecrackers, license vendors and stockiest in the prescribed formats and also directed that minimum five samples should be sent from every district to MPPCB for testing and based on the report of the sample further action is taken by the concerned authorities. The undertaking from the license holders includes the following aspects which are quoted below :-
1) "That the license holders will manufacture/store/transport improved crackers and green crackers.
2) That the license holders will not manufacture/store/transport the firecrackers which are prohibited by the Hon'ble Supreme Court of India.
3) That the license holders will not manufacture/store/transport the firecrackers wherein the barium salt is used.
4) That the license holders will not manufacture/store/transport the joined firecrackers i.e. series crackers or laries.
5) That the license holders will not manufacture/store/transport the firecrackers wherein there is presence of chemicals like lithium/arsenic/antimony/lead/mercury.
6) That the license holders will not purchase any kind of firecrackers from online e-commerce companies".
9. In pursuance of the directions of Department of Home Madhya Pradesh, inspection was carried out by the respective SDM of Tehsil viz.: Ranjhi Adhartal, Gorakhpur, Jabalpur, Sihora, Patan, Shahpura & Kundam and accordingly the affidavit with regard to the non- manufacturing, stocking, transportation, selling fo the prohibited firecrackers were executed and submitted by all the license holders of the District Jabalpur and the action taken report was also submitted.
10. The concerned authorities after proper investigation issued 17 temporary licenses to the license holders for the purpose of sale during the Diwali Festival in the year 2021 in Tehsil Patan and Jabalpur. The authorities have strictly complied with the directions and accordingly SDM Patan has submitted the report vide letter dated 01.11.2021 alongwith the pictures and photographs.
11. The concerned authorities further ensured that there is no manufacturing, stocking, transportation, sale and usage of the banned firecrackers which pose danger to the health of the people and have the adverse impact on the environment and further the meeting was held in Thesil Kundam on 26/10/2021 wherein various instructions were given to the license holders pertaining to electricity connection will be at certain distance, the storage tank of water and stock of sand will be maintained there and the affidavits are taken for ensuring that the sale of the firecrackers is carried out safely and accordingly the SDM Kundam submitted the report vide letter dated 05/11/2021 along with the photographs and affidavits.
12. Further as per the direction passed by the Hon'ble Supreme Court in Arjun Gopal Vs. UOI & Ors. the affidavit of all the permanent as well as the temporary license holders of firecrackers traders are taken on record whereby all the license holders have affirmed that they all will strictly comply with the directions passed by the Hon'ble Tribunal and accordingly the SDM Jabalpur submitted the report vide letter dated 08/11/2021 alongwith the affidavits of the license holders. .
13. The inspection was carried out in Tehsil Sihora wherein the undertaking was taken by the authorities from the stockist for compliance with the direction passed by the Hon'ble Supreme Court and accordingly SDM Jabalpur submitted a report vide letter alongwith the photographs and affidavits.
14. An inspection was carried out in Tehsil Shahpura and report was submitted vide letter dated 31/03/2022. Further in Tehsil Ranjhi no irregularities was found and the affidavits were also taken from the license holders. The inspection was also carried out on 01/11/2021 in Tehsil Gorakhpur wherein no irregularities were found.
15. At the time of inspection in Tehsil Adhartal it was noted by the concerned authorities that some of the license holders of tehsil Adhartal which have not complied with the directions passed by the Hon'ble Supreme Court, statutory actions against violators are under consideration. The copy of the order dated 31/10/2021 alongwith the action taken report of the all the Tehsils of District."
3. The perusal of report and the chart submitted by the respondent reveal that the State Authorities and Collectors are regularly and continuously monitoring the compliance of the order and necessary actions have been taken by the State. It is a continuous monitoring system. During the Diwali festival or other festivals when firecrackers are used and the State authorities are monitoring it. The complainant has no objection.
4. In view of the facts narrated by the respondents, no further action is required at this point, however, we direct that this needs continuous monitoring and the State authorities have to develop a mechanism to continuously monitor it at the time whenever firecrackers are used.
5. With these observations, no further action as of now is required, thus, Execution Application No. 08/2021(CZ) stands disposed of.
Sheo Kumar Singh, JM Arun Kumar Verma, EM 08th July, 2022 E.A. No. 08/2021(CZ) PN