Document Fragment View

Matching Fragments

1. Matter of regulation and use of fire crackers was taken up by Hon'ble Supreme Court of India in Arjun Gopal v. Union of India (2019)13 SCC 523 para 14 and vide orders dates 23.10.2018 while banning certain categories of fire crackers and directing regulation of the remaining, it was directed that on Diwali days or other festival fire crackers will be used strictly between a certain time only with different timings for some other festivals. Further, the Union of India was directed to regulate the community fire crackers with the suggestions of the Expert Committee as submitted and to ensure that there should not be any pollution above the permissible category.

2. 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 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 also sampling and testing of fire crackers has not still been done.

4. Thereafter, vide order dated 23.10.2018, in Arjun Gopal v. Union of India, (2019) 13 SCC 5232, while banning certain categories of fire crackers and directing Para 48 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:
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. 681/20184 to coordinate with the District Magistrates.5 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 (2019) 13 SCC 523 para 48.14 The said order is as follows: