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46. It is well known that in NCR, this threshold is continuously crossed during November. Thus, ban will be absolute in NCR.
47. Outside the NCR, where air quality standards are poor or more than poor during November, the sale and use of fire cracker has to be banned. It is not necessary to distinguish between non-attainment and other cities. Even in non-attainment cities, though average air quality may not be as per norms for five years, it may be poor or above during November. On the other hand, even in non-attainment cities, air quality may not be as per norms but may not be 'poor' or more than that. This is demonstrated by the data from CPCB website in respect of certain cities quoted above. In Haryana, there is no non- attainment cities in the list of 122, but as per air quality data of CPCB 'Fatehabad', falling outside NCR has 'severe' air quality in November. Similarly, Hisar, Bahadurgarh, Ballabgarh, Dharuhera, Kaithal, Kurukshetra and Manesar are falling under 'very poor' category of air quality and Ambala, Narnaul, Palwal and Sirsa in 'poor' air quality. Similarly, for the State of Punjab, only Amritsar, Jalandhar, Khanna and Ludhiana are shown in the 'poor' category of air quality out of eight non-attainment cities. This will not be read as debarring the authorities from taking more cautious approach in prohibiting/restricting fire crackers to any other areas not covered by prohibition or restrictions under this order, as has already been done by some of the States.

8. Thereafter, vide order dated 23.10.2018, in Arjun Gopal v. Union of India, (2019) 13 SCC 523,4 while banning certain categories of fire crackers and directing regulation of the remaining, it was inter-alia directed that on Diwali days or other festivals, fire crackers will be used strictly between 8 p.m. to 10 p.m. only with different timings for some other festivals. Further, the Union of India, Government of NCT of Delhi and the State Governments of NCR would permit community fire crackers only (for Diwali and other festivals, etc. as mentioned above), wherever it can be done. The operative part of the order is as follows:

https://www.wbir.com/article/news/health/coronavirus/covid-cancellations-hit-fireworks-display-companies- hard/51-f16191a3-fdbb-44a3-8447-de4454d761b5 https://pib.gov.in/PressReleasePage.aspx?PRID=1671145 https://timesofindia.indiatimes.com/india/after-falling-for-7-weeks-covid-19-cases-in-india-rise- again/articleshow/79119707.cms https://www.foxbusiness.com/lifestyle/fireworks-displays-july-4-coronavirus https://www.connexionfrance.com/French-news/What-will-France-s-July-14-celebrations-look-like-this-year https://news.sky.com/story/coronavirus-londons-new-years-eve-fireworks-cancelled-due-to-pandemic- 12074859 https://www.straitstimes.com/singapore/no-fireworks-display-at-marina-bay-countdown-this- year?utm_medium=Social&utm_campaign=STFB&utm_source=Facebook&fbclid=IwAR1_4Gj7dYzCq- 8BNdxiy1GLEgGgvC3hPTgdOsd-wa-TUyGNED4k3JpQi-o#Echobox=1604550165 The reports (b) & (e) show discussion that ban on fire crackers is imperative to prevent harm on account of Covid-19 which will be aggravated by use of fire crackers.

v. We further direct that the Air Quality Monitoring Committees (AQMC) in terms of order of this Tribunal dated 08.10.2018 in OA No. 681/201819 to coordinate with the District Magistrates.20 for compliance of the above directions.

vi. The District Magistrates in every district may take steps to ensure that banned fire crackers are not sold in terms of order of the Hon'ble Supreme Court dated 23.10.2018.21 vii. The District Magistrate, on a complaint or otherwise, will recover compensation from violators of the above directions on the parameters already mentioned in Para 24 above. viii. Any victim of pollution, apart from other remedies, can approach the District Magistrate for compensation, by showing evidence of individual damage and the person responsible for the damage. Such claim may be dealt with by a reasoned order.