The Bombay High Court has directed authorities to prohibit the use of laser lights, high-intensity lumen lights and beams during festivities and processions in Nagpur, warning that strict action must be taken against violators. The Court also reiterated the ban on bursting firecrackers on public streets during festivities and directed authorities to take measures to prevent air and noise pollution.
A Division Bench of Justice Urmila Joshi-Phalke and Justice Raj D. Wakode was hearing a batch of public interest litigations concerning noise and air pollution in Nagpur, along with a writ petition. The Court was considering affidavits filed by the police authorities detailing enforcement measures against noise and air pollution.
The Court, however, was not satisfied with the conditions imposed in the licences issued to firecracker wholesalers and vendors. It emphasised compliance with Section 6-D of the Explosives Act, 1884, and Rule 84 of the Explosives Rules, 2008, which prescribe conditions governing temporary fireworks shops during festivals.
“Section 6-D of the said Act states about licensing authority competent to impose conditions in addition to prescribed conditions. It is further stated that a licence granted under the said Section may contain in addition to the prescribed condition such other condition as may be considered necessary by the licensing authority in any particular case,” the Court noted.
The Court directed the Deputy Commissioner of Police, Nagpur City, to impose a condition in the licences requiring clearance from the Pollution Control Board for the sale of firecrackers. It further directed the Police Commissioner to designate officers to monitor compliance with licence conditions and take action against violations.
“The Police Commissioner, Nagpur City shall appoint some designated officers to ensure compliance of the conditions imposed in the licenses and on violation of the same, an action be taken against the concerned who violates the same. The Police Commissioner also shall ensure compliance of guidelines issued by the Supreme Court in connection with noise pollution rules as well as air pollution rules,” the Court held.
The Bench also took note of the police department's action against vehicles fitted with modified silencers and prohibited horns. Observing that the affidavit did not disclose any investigation into the manufacture of such silencers, the Court directed the Deputy Commissioner of Police to identify manufacturers and vendors involved in their manufacture and supply.
“We are surprised that though the deponent has stated about various actions, there is no whisper as to the investigation regarding manufacturing of the said silencers… The Deputy Commissioner of Police shall carry out the investigation and find out the agencies as well as various vendors who are manufacturing and supplying such type of silencers,” the Court remarked.
The Court also called for stringent action, including suspension or cancellation of licences of persons violating noise pollution rules. It specifically stated that there shall be a total ban to bursting of firecrackers during festivities on public streets.
noise.pdf
The Court further directed the authorities to prohibit the use of laser lights, high-intensity lumen lights and beams during festivities and processions, with strict action against violators.
Case Title: Dr. Bhupendrakumar K. Wasnik v. The Secretary, Ministry of Environment, Forest and Climate Change [PIL No. 90 of 2025] and Connected Matters