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1. This Execution Application has been filed to execute the order of the Tribunal passed in O.A. No. 76/2021(CZ) and directions of Hon'ble Supreme Court of India passed in W.P.(C) No. 728/2015. A report was called from the respondents which has been filed.

2. Heard the argument and perused the record.

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 E.A No.11/2023(CZ) Dr. P.G. Najpandey & Ors. Vs. State of M.P. & 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.

"VIII Conclusion and Directions
44. In view of above, having regard to increased adverse health impact of pollution by use of crackers on Covid-19, aggravating risk to lives and health which has led to ban by the Governments of Odisha, Rajasthan, Sikkim, UT Chandigarh, DPCC and by the Calcutta High Court on sale and use of crackers,, applying the 'Sustainable Development' and 'Precautionary' principles, a case is made out for issuing directions for banning sale and use of fire crackers during November 9 to 30 in areas where air quality is 'poor', 'very poor' and 'severe'.
4. Thereafter, vide order dated 23.10.2018, in Arjun E.A No.11/2023(CZ) Dr. P.G. Najpandey & Ors. Vs. State of M.P. & Ors.

Gopal v. Union of India, (2019) 13 SCC 523 2, 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:

21. The school children should be encouraged to reduce, if not eliminate, bursting of fireworks, as part of any festivities. The manufacture, sale and use of joint fire crackers (series crackers or laries) was banned as the same was used air, soil and solid waste problems.

22. In light of the directions issued by the Hon'ble Supreme Court of India the State has already banned the barium salts in fireworks.

23. On Diwali days or on any other festivals like Gurupurab, etc., when such fireworks generally take place, it would strictly be from 8.00 p.m. till 10.00 p.m. only. On Christmas Eve and New Year's Eve, when such fireworks start around midnight i.e. 12.00 a.m., it would be from 11.55 p.m. till 12.30 a.m. only. 48.15. The Union of India, Government of NCT of Delhi and the State Governments of NCR would permit community fire cracking only (for Diwali and other festivals, etc. as mentioned above), wherever it can be done. For this purpose, particular area/fields would be pre-identified and predesignated by the authorities concerned. This exercise shall be completed within a period of one week from today so that the public at large is informed about the designated places one week before Diwali. The areas designated now for the purpose of Diwali shall be valid for community fire cracking on other occasions/festivals as well, as mentioned above. Even for marriages and other occasions, sale of improved crackers and green crackers is only permitted. Insofar as other States are concerned, an E.A No.11/2023(CZ) Dr. P.G. Najpandey & Ors. Vs. State of M.P. & Ors. endeavour shall be made by them also to explore the feasibility of community fire cracking. However, it is made clear that Direction 48.14 pertaining to the duration within which fireworks can take place on all such occasions would be applicable throughout India. Similarly, Direction 48.13 for extensive public awareness campaigns is also a pan India direction.