Supreme Court Directs NCR States To Issue Directions Under S.5 Environment Protection Act To Enforce Firecrackers' Ban

The Supreme Court on Tuesday directed the states of Uttar Pradesh, Rajasthan and Haryana to issue directions under Section 5 of the Environment Protection Act, 1986, enforcing a complete ban on firecrackers in the National Capital Region (NCR). A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing the MC Mehta matter concerning air pollution in Delhi NCR from various sources such as firecrackers and stubble burning.The Court was informed that in Delhi, directions have been issued under Section 5 of the Environment Protection Act, 1986 prohibiting the manufacture, sale, storage (including online delivery) and bursting of all kinds of firecrackers. The counsel for the State of Haryana informed the court that it has also issued directions under Section 5 of the Act.Section 5 empowers the central government to issue written directions to any person, officer, or authority for the purpose of enforcing the provisions of the Act. The centre has delegated the power under section 5 to states of Uttar Pradesh, Rajasthan and Haryana in 1988.The court noted that it had already issued directions on the ban on manufacture, sale, and use of firecrackers in its order dated 3rd April 2025. It took note of the compliance affidavit filed by the Delhi government, which referred to a direction dated 19th December 2024 under Section 5 of the Act. This direction enforces a complete year-round ban on the manufacture, sale, storage (including online delivery), and bursting of all kinds of firecrackers in Delhi.The court directed the states of Uttar Pradesh, Rajasthan, and Haryana to issue similar directions under Section 5 for the NCR areas. It said that not only must the court's orders and directions under Section 5 be implemented, but also that all law enforcement agencies must ensure compliance.“We direct the states of UP, Rajasthan and Haryana to issue similar direction under Section 5 of the Environment protection Act 1986 in relation to the areas with fall under the NCR region. Not only the orders of this court but the directions issued under Section 5 of the EPA must be strictly implemented through all the law enforcement machinery of the states”, the Court stated.The court had earlier directed NCR states to create a compliance mechanism for enforcing the ban. In Rajasthan, the responsibility has been specifically assigned to the Additional Director General of Police, Crime Branch.The court recorded that Rajasthan has filed an affidavit detailing the steps taken to create a machinery for enforcement. The court reiterated that all state governments must ensure effective implementation of the firecracker ban and create an enforcement mechanism within one month.“As expressed earlier the state government shall not only ensure scrupulous implementation of the ban on fire crackers but also create a machinery for effectively implementing the ban. Even this machinery shall be created providing for this mechanism within a period of 1 month from today.”The court also emphasised that directions issued under Section 5 must be taken to their logical conclusion by ensuring that penalties under Section 15 are imposed. Section 15, as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 provides for monetary penalties for contraventions of the Environmental Protection Act.It warned that failure of officials or authorities to implement the court's directions could lead to action under the Contempt of Courts Act, 1971. “We make it clear the directions issued under Section 5 of the Environment protection Act have to be taken to logical conclusion by ensuring that penalty as provided under Section 15 is imposed. We also make it clear that in case of any failure on the part of the officials of these governments and other entities to implement the directions issued by the court, action under Contempt of Courts Act, 1971 may be initiated”, the Court stated.The court also directed all NCR states to file comprehensive compliance affidavits and to give wide publicity to the firecracker ban and the penalties under Section 5.The Court also dismissed an interlocutory application challenging the ban on firecrackers in West Bengal. It stated that in the present PIL, the court is only dealing with issues concerning Delhi NCR. While dismissing the IA, the court clarified that all prayers are kept open.Case no. – WP (C) 13029/1985Case Title – MC Mehta v. Union of India

Supreme Court Directs NCR States To Issue Directions Under S.5 Environment Protection Act To Enforce Firecrackers' Ban

Amisha Shrivastava

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