National Green Tribunal Reserves Order on Issue of Country-Wide Temporary Ban on Firecrackers

Must Read

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable...

Follow us

The National Green Tribunal (NGT), Principal Bench, on 5th November 2020, reserved its order on the issue of imposing a temporary ban on the use and sale of firecrackers across the country in a bid to protect vulnerable people from the increase of air pollution amid ongoing COVID-19 pandemic.

Brief Facts

The application was filed by the Indian Social Responsibility Network through Santosh Gupta, seeking remedial action against pollution by use of firecrackers in NCR during the time air quality remained unsatisfactory with the potential of the severity of COVID-19 pandemic. The application referred to the statement of the Union Health Minister and the Health Minister of Delhi that during the festive season there will be a rise of COVID-19 cases due to air pollution. 

Arguments Before the Court 

The Appellant contended that an increase in pollution may further affect the vulnerable groups and increase the fatality rate. The Appellant submitted the report that COVID-19 cases in Delhi may go up to 15,000 per day, as against the current cases of about 5,000 per day. The use of green crackers would not remedy the situation. The smoke would choke and cause a gas chamber-like situation. It would further lead to poor visibility, hazy conditions and asphyxia.

Analysis

The Bench considered this case in light of the Right to a clean environment. The Bench also acknowledged the adverse effect of the bursting of crackers on health due to increased pollution. 

The Bench referred to the decision in Arjun Gopal v. Union of India, (2017) 1 SCC 412, wherein it was noted that air quality standards in Delhi were dropping from ‘poor’ to ‘severe’ during winter, resulting in the potential of diseases.

Court’s Observation

The Tribunal Bench headed by Justice Adarsh Kumar Goel had observed that there were reports in the public domain that the air quality of Delhi is deteriorating and further deterioration would give rise to an increase in COVID-19 cases.

The Bench also noted that there were expert views on the clear nexus of air pollution with COVID-19 and with increased air pollution.

Court’s Decision

While hearing a petition on the matter, the Bench reserved the order after hearing amicus curiae, Senior Advocate Raj Panjwani and Indian Fireworks Manufacturers’ Association lawyer and Senior Advocate, Mahesh Jethmalani along with counsels appearing for the Ministry of Environment, Central Pollution Control Board and the lawyers for various states. 

The Bench issued notice to Environment Ministry, CPCB, DPCC, Delhi Government, Delhi Police Haryana, Uttar Pradesh, and Rajasthan, seeking their stand whether the use of firecrackers may be banned from November 7 to 30.

Click here to read the Order


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of the Sub-Judge, Hosur. The case...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order held that Mr Arora had...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to quash the charge sheet (dated...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to quash and set aside an...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order on 17th November 2020 in...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable Justice Gopinath. P heard the...

AP High Court: If an Auction Is Conducted by a Cooperative Bank, the Property Ceases to be Property of the State

A single-judge bench consisting of honourable justice Ninala Jayasurya gave orders on the writ petition filed by the petitioner. The petition challenges the action...

Madras HC Rules in Favour of the Authorities in FMGE Examination, Finds Writ Petitions Against the Exam Void of Merit

Three aspirants of Foreign Medical Examinations moved to the High Court by filing a Writ Petition under Article 226 of the Indian Constitution. They...

Hong Kong High Court Rules for Independent Mechanisms To Be Set up To Deal With Complaints Against Police Officers

The present suit was brought by a journalist association because of the police brutality that the protestors faced in the protests against the China...

Madras High Court Maintains That Government Policy Is To Prioritize Own State’s Candidates and Sets Aside Nativity Certificate Rejection Order

Varsha Totagi, a NEET aspirant filed a Writ Petition under Article 226 of the Indian Constitution. She had been denied Nativity Certificate without which...

More Articles Like This

- Advertisement -