Calcutta High Court (Appellete Side)
Sanjay Mehta vs The State Of West Bengal & Ors on 16 October, 2025
23
16.10.2025
sb
Ct.5.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 24175 of 2025
Sanjay Mehta
Versus
The State of West Bengal & Ors.
Mr. Indranil Roy, Sr. Advocate
Mr. Sandip Chakraborty
Mr. Tirtheswar Das
Mr. Koustav Das
... For the petitioner.
Mr. Benazir Ahmed
Mr. Samir Kumar Ghosh
... For the State.
1. Affidavit of service filed in Court is taken on
record.
2. The petitioner in the instant writ petition, inter
alia, prays for a direction upon the respondent authorities
to forthwith issue directions and/or guidelines to the Galaxy Apartment Owners Association and ensure that the residents and flat owners of South City Galaxy Apartment are not permitted to use of open common terrace roof above the 20th Floor of the said building for bursting of fire crackers during Diwali/Kali Puja, 2025 between 17th to 20th October, 2025 and be permitted to burst only green fire crackers in a designated area on the ground floor of the said building between 8.00 p.m. to 10.00 p.m. on 20th October, 2025.
2
WPA 24175 of 2025
3. It is further submitted that West Bengal Pollution Control Board, in terms of the guidelines and directions framed by the West Bengal Pollution Control Board dated 17th October, 2023 under Section 31(A) of Air (Prevention and Control of Pollution) Act, 1981, is reproduced hereinbelow:-
"There shall be a complete ban on the sale and bursting of all kinds of firecrackers, except green firecrackers in the State of West Bengal, till further orders in this respect. In the State of West Bengal only green firecrackers can be sold and bursting of such firecrackers shall be allowed for (i) two hours during Deepawali festival from 8 pm to 10 p.m. (ii) two hours during chatt Puja from 6 am to 8 a.m (iii) 35 minutes during Christmas & New years' eve from 11.55 p.m. to 12.30 a.m. Other than the above specified festivals, prior permission of the District Magistrate/Commissioner of Police/ Superintendent of Police shall be required for use of only green firecrackers for a limited period (not more than two hours) in the State of West Bengal. In continuation of the above noise level limits for the sound emitting green firecrackers shall be within 25 db and the light emitting green firecrackers shall be within 90db measured at a distance of 4 meters from the point of bursting as per the formulaton of CSIR - NEERI. All boxes and packets of the green firecrackers should mandatorily have a verifiable QR Code to ascertain the veracity o the same by the law enforcement agencies and the users".3
WPA 24175 of 2025
4. The State respondent files a report submitted by the O.C. Bhownipore Police Station dated 16th October, 2025, which has been taken on record.
5. From the report it transpires that physical enquiry has been made and no such activity of discharging of fire crackers took place in recent past and necessary preventive measures have been taken in order to prevent any untoward incident occurring during the festive season.
6. After hearing the respective parties and considering the materials on record, I am of the considered view that the residents of South City Galaxy Apartment should act in terms of the guidelines framed by the West Bengal Pollution Control Board in its order dated 17th October, 2023 and the Officer-in-Charge, Bhowanipore Police Station should keep adequate vigil and time to time make enquiry that open terrace of the apartment is not being used for bursting of fire crackers creating any hazard to the inmates of the apartment.
7. The respondent no.7 is also directed to ensure that no hazardous activities are caused by bursting fire crackers.
8. With the above observation and directions the writ petition stands disposed of.
9. All parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
(Smita Das De, J.)