Delhi Air Pollution | Supreme Court Extends Complete Firecracker Ban In NCR Districts Of Uttar Pradesh And Haryana Until Further Orders

The Supreme Court today (January 17) extended the firecracker ban in districts of Uttar Pradesh and Haryana that fall in the National Capital Region till further orders.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan passed the order while hearing the MC Mehta case regarding air pollution in Delhi and NCR.“Till further orders are passed the ban imposed by the state of Uttar Pradesh and Haryana to NCR parts of the states which was effective till today is extended. The compliance by the states will be considered on 24th of March 2025”, the Court ordered.Last month, the Court had directed the states of Uttar Pradesh and Haryana to implement a complete ban on firecrackers similar to that imposed by Delhi. During the hearing today, Additional Advocate General (AAG) of Uttar Pradesh Garima Prashad informed the Court that Uttar Pradesh had complied with the Court's order by imposing a complete ban on all types of firecrackers until January 17, 2025.Justice Oka clarified that the Court had not merely imposed a temporary ban till January 17, but had directed the states to consider a permanent ban on firecrackers, similar to Delhi's approach.In its order, the Court extended the current ban imposed by Uttar Pradesh and Haryana to the NCR regions until further orders are passed, with compliance to be reviewed on March 24, 2025.Significant to note that an intervention application has been filed in the matter by the Federation of Fireworks Traders. Justice Oka questioned the counsel for the Federation, asking why the Court should hear it. “You will have to satisfy us that burning of firecrackers does not create pollution,” he said. The counsel contended that while burning firecrackers does create pollution, its intensity varies depending on the area. “Sometimes it is substantial, sometimes it is absolutely negligible,” he said. He also mentioned that even within Delhi, there are areas with lesser pollution.Justice Oka remarked that the Federation could sell firecrackers in other parts of India where there was no ban, and adjourned the hearing.BackgroundThe Supreme Court had earlier expressed concerns over inadequate enforcement of firecracker bans in Delhi-NCR. The Court on November 11, 2024 observed that no religion encouraged polluting activities and had called for strict enforcement of the ban in line with citizens' right to a clean environment under Article 21 of the Constitution.On December 12, the Supreme Court directed the Delhi government and NCR states to decide on a complete year-round ban on firecrackers, including their manufacture, storage, sale, distribution, and use. The Court emphasized that such a ban was necessary to control both air and noise pollution.On December 19, 2024, Senior Advocate Shadan Farasat for the Delhi Government informed the Court that Delhi had imposed a comprehensive ban on firecrackers, covering their manufacture, storage, sale, distribution, and use.The Court was also informed that while Haryana had permitted the use of green crackers, Rajasthan had imposed a complete ban on firecrackers within its NCR areas. The Court directed Uttar Pradesh and Haryana to implement a complete ban on firecrackers similar to Delhi's. The Court noted that the ban would only be effective if other states in the NCR region also implemented similar measures.Case no. – WP (C) 13029/1985Case Title – MC Mehta v. Union of IndiaClick Here To Read/Download Order

Delhi Air Pollution | Supreme Court Extends Complete Firecracker Ban In NCR Districts Of Uttar Pradesh And Haryana Until Further Orders

Amisha Shrivastava

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