National Green Tribunal
Bhagwat Prasad Sahu vs State Of Chhattisgarh on 15 October, 2025
Item No.03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.141/2025(CZ)
Bhagwat Prasad Sahu Applicant(s)
Vs.
State of Chhattisgarh & Ors. Respondent(s)
Date of Hearing: 15.10.2025
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER
For Applicant (s): None
For Respondent(s) : None
ORDER
1. Issues raised in this application is violation of Noise Pollution (Regulation and Control) Rules ,2000 framed under the Environmental (Protection) Act,1986 by use of loudspeakers at a volume exceeding prescribed limits by the respondent no. 7, 8 and 9 in the village Kharsia, District Raigarh,(C.G.)
2. It is further contended that fire crackers were burst causing a recurrence of noise pollution and the public nuisance, in clear breach of the prior written undertaking and statutory regulations.
3. Hon'ble Supreme Court of India in WP(C) 728/2015 vide order dated 29.10.2021 issued directions to take actions against those who sale banned fire crackers. Accordingly, Home Ministry of Govt. of MP issued directions on 31.10.2021 to all Collectors and Superintendent of Police of 2 E.A No.11/2023(CZ) Dr. P.G. Najpandey & Ors. Vs. State of M.P. & 1 O.A. No.141/2025(CZ) Bhagwat Prasad Sahu Vs. State of Chhattisgarh & Ors.
Ors. MP for inspection and testing of fire crackers and for taking an undertaking from sellers of fire crackers that they will abide the directions of MP Govt. But this circular of Govt. of MP became a white wash since undertakings were not taken from sellers of fire crackers during the year 2022-23 and thereafter also sampling and testing of fire crackers has not still been done.
4. Vide order dated 19.10.2023 in above Execution Application No. 11/2023, the orders of the Hon'ble Supreme Court of India dated 23.10.2018 was repeated and orders passed in Original Application No. 76/2021 (CZ) was directed to be enforced in letter and spirit. Some of the observations are quoted below:-
i. The Chief Secretaries and DGPs may issue and circulate an appropriate order in above terms with appropriate enforcement guidelines to all the District Magistrates and Superintendents of Police, PCBs/PCCs.
ii. As a consequence, production and sale of crackers other than those mentioned in Suggestions II and III is hereby banned.
iii. The manufacture, sale and use of joined firecrackers (series crackers or laris) is hereby banned as the same causes huge air, noise and solid waste problems. iv. The sale shall only be through licensed traders and it shall be ensured that these licensed traders are selling those firecrackers which are permitted by this order. v. PESO is directed to review the clinical composition of fireworks, particularly reducing Aluminium content, and shall submit its report in respect thereof within a period of two weeks from today. For undertaking this exercise, PESO would also associate FRDC.
vi. PESO will ensure fireworks with permitted chemicals only to be purchased / possessed /sold /used during Diwali and all other religious festivals, of any religion whatsoever, and other occasions like marriages, etc. It shall test and 2 O.A. No.141/2025(CZ) Bhagwat Prasad Sahu Vs. State of Chhattisgarh & Ors.
check for the presence of banned chemicals like lithium /arsenic / antimony / lead/mercury.
vii. PESO will ensure suspension of the licences of manufacturers of such fireworks items and appropriate disposal of such stock.
viii. Extensive public awareness campaigns shall be taken up by the Central Government/State Governments /Schools/ Colleges informing the public about the harmful effects of firecrackers.
ix. All the official respondents, and particularly the police, shall ensure that fireworks take place only during the designated time and at designated places, as mentioned above. They shall also ensure that there is no sale of banned firecrackers. In case any violation is found, the Station House Officer (SHO) of the police station of the area concerned shall be held personally liable for such violation and this would amount to committing contempt of the Court, for which such SHO(s) would be proceeded against.
x. The "onus of proof" is on the actor or the
developer/industrialist to show that his action is
environmentally benign.
xi. xi. As per the Noise Control rules, the responsibility for enforcement of noise pollution control measures is of the 'authority', which includes authorized officers, District Magistrates, Police Commissioner or any officer not below the rank of Deputy Superintendent of Police designated for the maintenance of air quality standards in respect of noise. There is further provision that any loudspeaker or sound producing instrument /equipment can be used only after obtaining written permission. Festive occasions are defined as notified National or State functions, including the Republic Day, the Independence Day, State Day or other notified day."
5. As per the Noise Control rules, the responsibility for enforcement of noise pollution control measures is of the 'authority', which includes authorized officers, District Magistrates, Police Commissioner or any 3 O.A. No.141/2025(CZ) Bhagwat Prasad Sahu Vs. State of Chhattisgarh & Ors.
officer not below the rank of Deputy Superintendent of Police designated for the maintenance of air quality standards in respect of noise. There is further provision that any loudspeaker or sound producing instrument /equipment can be used only after obtaining written permission. Festive occasions are defined as notified National or State functions, including the Republic Day, the Independence Day, State Day or other notified day.
6. Hon'ble the Supreme Court of India in (2017) 16 SCC page 280 para 72 held that the health of the people must take precedence over any commercial or other interest of the applicant or any of the permanent licensee and therefore a greater regulation is necessary which could eventually result in a prohibition.
7. The provisions as contained in Rule 15 relating to marking on exclusives and packages and Rule 84 relating for temporary shops for possession and sale of fireworks during festivals of the explosive rules shall be strictly enforces.
8. It was further directed that the public authorities and the District Magistrate concerned will ensure that fireworks are not burst in silence zones, i.e. an area of 100 mtr. Away from the hospitals, nursing homes, primary, district health care centers, education institutions, courts, religious places or any other area that may be declared as silence zone by the authorities concerned.
9. Remedial action against violation of noise level norms as well as air quality norms has been subject matter of judgements of the Hon'ble Supreme Court. Reference may be made to the judgment of the Hon'ble 4 O.A. No.141/2025(CZ) Bhagwat Prasad Sahu Vs. State of Chhattisgarh & Ors.
Supreme Court dealing with the noise pollution in Re: Noise Pollution- implementation of the Laws for Restricting Use of Loudspeakers and HighVolume Producing Sound Systems, (2005) 5 SCC 733.
10. A substantial issue of environmental has been raised. Issue notice to the Respondents. Returnable within four weeks.
11. Applicant is directed to take necessary steps for service to the respondents by both ways and also on available email.
12. Respondents are directed to submit their reply within six weeks through E-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
13. Applicant is directed to supply the required documents and copy of the application to the Respondents within a week and after compliance of service, the Applicant has to submit an affidavit that notices and copy of the application have been served upon the Respondents. List it on 15th December,2025.
Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 15th October, 2025, Original Application No.141/2025(CZ) K 5 O.A. No.141/2025(CZ) Bhagwat Prasad Sahu Vs. State of Chhattisgarh & Ors.