Calcutta High Court (Appellete Side)
Sabuj Mancha And Anr vs The State Of West Bengal And Ors on 16 October, 2025
Ct No.8
AD- 16
16.10.2025
(SSS)
WPA (P) 459 of 2025
Sabuj Mancha and Anr.
Vs.
The State of West Bengal and Ors.
Mr. Raghunath Chakraborty,
Mr. Uttam Kumar Shaw,
Md. Apzal Ansari
......for the petitioners.
Mr. Nayan Bihani, Ld. Snr. Adv.
....For the State Pollution Control Board.
Mr. Amitabrata Ray, Ld. G.P.
Mrs. Sonal Sinha, Ld. AGP,
Ms. Tuhina Parvin
......For the State.
Affidavit of service filed on behalf of the
petitioners be kept with the record.
The petitioners have filed the present Public
Interest Litigation to ensure effective and meaningful
measures to be taken by the State to curb the
increasing levels of air and sound pollution during
the Kali Puja and Diwali festivals.
The petitioners are alleging that in this regard,
certain directions were passed in the earlier PIL being
WPA (P) 292 of 2021 (Sabuj Mancha and Anr. vs.
State of West Bengal & Ors.) but such directions
have not been effectively implemented.
Mr. Amitabrata Ray, learned Government
Pleader submits that he has received the instruction
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from the Deputy Inspector General of Police (Legal),
West Bengal dated September 23, 2025, he files a
copy of such instruction, let it be kept with the
record.
He further submits that the decisions in a
meeting headed by the Chief Secretary of the State
have been taken with regard to firecrackers.
Mr. N.C. Bihani, learned senior advocate on
behalf of the State Pollution Control Board submits
that the Board is obliged to measure the levels of air
pollution pre and post Kali Puja and Diwali festivals,
such exercise would be carried out.
Heard learned counsel for the parties, perused
the materials-on-record. It appears that in the earlier
PIL, the following directions were passed on
November 02, 2023:-
"a) No firecrackers other than green
crackers bearing QR Code would be
sold in the Bazi-Bazar which is
proposed to be held in Kolkata on
and from 18.10.2022.
b) State Pollution Control Board as
well as the Commissioner of Police,
Kolkata shall deploy appropriate
number of personnel in the Bazi
Bazar to ensure implementation of
the aforesaid direction.
c) The representatives of the State
Pollution Control Board and the
police personnel shall be at liberty
to inspect the firecrackers which are
sold at Bazi Bazar and the police
personnel shall seize any banned
firecrackers which are offered for
sale in the bazaar.
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d) Representatives of PESO/NEERI
shall also be present at the Bazi
Bazar and assist the Pollution
Control Board/police personnel to
determine whether the firecrackers
which are offered for sale bearing
the requisite QR Code;
e) Similar exercise shall be
undertaken by Pollution Control
Board and police authorities to
prevent importation and sale of
firecrackers other than green
firecrackers bearing QR Code in any
place in the State of West Bengal;
f) All necessary steps shall be taken
by the police authorities/PCB
Officials to ensure only green
crackers are burst during the festive
season strictly in compliance with
the directions of the Pollution
Control Board vide Memo No. 321-
3L/WPB-E(VI)/2020 dated
26.10.2021.
g) State Pollution Control Board and
the State of West Bengal shall
undertake public awareness
measures including issuance of
advertisements in newspapers,
announcements on
radio/television/social media
platforms etc. to spread awareness
with regard to restrictions on sale
and bursting of crackers during
festive season and its beneficial
impact on pollution and
environment. It shall also make
members of the public aware of the
penal consequences arising from
sale and bursting of banned
crackers."
It appears from the said instruction to the
learned Government Pleader that on August 29, 2025
under the chairmanship of Chief Secretary,
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Government of West Bengal, a meeting was held with
other authorities. In the said meeting, following
decisions with regard to green firecrackers and
establishment of green firecracker clusters were
taken:-
1.93 manufacturing license applications and 852 selling license applications are pending for joint inspections. It is decided that district authorities are to dispose off all these applications after conducting joint inspection on a single date & time within 10 th September, 2025.
2. District authorities are to dispose off all new applications within 10 days from the date of receipt considering ensuing festive season.
3. In regard to setting up of Fire Cracker Clusters-
LRC informed that IDT for North 24-Pgs, Darjeeling & Paschim Medinipur have been approved.
DMs of Jalpaiguri and Murshidabad districts to identify new piece of land for Green Fire Crackers and send it to MSME&T Deptt.
DMs of Howrah, Purba Medinipur and 24-Pgs (S) need to expedite submission of proposals/clarifications requested by L&LR department before onset of festive season.
4. Labour and Fire & ES Department are to jointly organise Fire Safety Training at Districts by 20th Sep' 2025.
5. Environment Department is to equip the WBPCB Lab at Haldia for testing of Green Fire Crackers in coordination with Fire & ES Deptt. and CSIR-NEERI, Nagpur.
56. Payments against 581 applications are pending in Silpasathi portal. Shri Babla Roy, President of SABAUS was requested to sensitise applicants to make such payments by 10 th Sep' 2025 so that District authorities can approve their applications.
7. Districts are to finalize the 160 nos of trainees who will be given Training by CSIR-NEERI, Nagpur.
8. Validity period for issued licenses are to be same for all districts as per existing Rules/Act MSME & Textiles Departments is to share guideline on this to the districts once again.
9. Guideline for safe storage of Green Fire Cracker in districts to be shared with the districts by Deptt. of MSME&T.
10. For verification of authenticity of Green Fire Cracker manufacturer, a list of 228 Manufacturers of Green Fire Cracker registered with CSIR-NEERI will be provided to all District Magistrates & Police Commissionerates.
11. Shri Babla Roy, President of SABAUS was requested to identify suitable land for setting up of the green fire cracker Magazine in the districts adjoining Kolkata. They will also identify and suggest suitable land for setting up a permanent Bazi cluster near Kolkata in consultation with KMC."
Learned Government Pleader could not apprise this Court as to how far those decisions have been given effect to.
The State is directed to take all positive measures to ensure effective implementation of the 6 directions passed in the earlier Public Interest Litigation and to file a report in this regard on the next date of hearing. In the said report, the State shall also disclose as to how far the decisions taken in the above mentioned meeting have been given effect to.
The State Pollution Control Board shall take all necessary measures required to be taken by it with regard to the pollution level during the period of Kali Puja and Diwali festivals and shall file a report on the said issue.
Matter be listed before the Regular Bench having determination three weeks after reopening of the court following the Puja vacation of the Court.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Ajay Kumar Gupta, J.) (Biswajit Basu, J.) 7