SC allows manufacturing of green crackers in Delhi-NCR, bars sale

“What is the problem in allowing them to manufacture (green crackers) if they follow the norms. There has to be a solution. Extreme orders will create problems....So let them manufacture and let there be no sale in the NCR till further orders...,” a Bench led by CJI BR Gavai said.

The Bench, which also included Justice K Vinod Chandran and Justice NV Anjaria, asked the Centre to take a fresh look at the absolute ban on the manufacture of firecrackers in Delhi-NCR. It directed the Ministry of Environment, Forests and Climate Change (MoEFCC) to consult all stakeholders — the Delhi Government, manufacturers, sellers and others before taking a final decision.

“In the meantime, we permit the manufacturers who are having the certification of green crackers as certified by NEERI (National Environmental Engineering Research Institute) as well as PESO (Petroleum and Explosives Safety Organisation) to manufacture... However, this will be subject to an undertaking by the manufacturers that until further orders, they will not sell their crackers in the prohibited areas,” the top court ordered.

The Bench will take up the matter on October 8 when it will consider the MoEFCC report.

On April 3, a Bench headed by Justice AS Oka (since retired) had refused to relax the ban on the manufacture, storage and sale of firecrackers in Delhi-NCR on the grounds that air pollution levels remained alarming for a considerable time.

The CJI, however, took note of the fact that a complete ban was hardly implemented. While curbing pollution was essential, an absolute ban was not “practical or ideal”, it noted.

“As was noticed by us in one of the judgments wherein in the state of Bihar, a complete ban on mining had led to illegal mafias engaging in the business of mining. In that view, it is necessary that a balanced approach must be adopted,” the top court said.

While hearing a 1985 PIL filed by lawyer-turned environmentalist MC Mehta, the top court has been passing orders to check pollution in Delhi and adjoining areas.

Advocates representing cracker manufacturers submitted that the April 3 order extending the ban on firecrackers in the NCR throughout the year, instead of the winter pollution season, went against the top court’s 2018 judgment in the Arjun Gopal case. The Bench, however, declined to examine the issue at this stage.