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Arjun Gopal and Ors. v. Union of India and Ors. (I.A. No. 52448 of 2017 in W.P.(C) No. 728 of 2015)

Writ Petition (Civil) · 2017 INSC 897Decided 12 Sept 2017
Writ Petition (Civil) No. 728 of 2015
Justice Madan B. Lokur · Justice Deepak Gupta

Background

This order arose out of a 2015 PIL filed under Article 32 by children seeking a ban on fireworks to curb Delhi-NCR's severe air pollution. By September 2017, the Court was dealing specifically with an interlocutory application concerning fireworks licensing ahead of that year's Dussehra and Diwali, including an earlier suspension of permanent fireworks licences and an interim ban on certain toxic metal compounds in fireworks that had been imposed in a July 2017 order. The applicant permanent licensees and other stakeholders sought relief against the suspension, while public health concerns about pollution remained central.

Decision Breakdown

The Court held that the health of the people of Delhi and the NCR had to take precedence over commercial interests, but adopted a graded regulatory approach rather than an outright ban that year. It lifted the suspension on permanent fireworks licences for 2017 (subject to strict compliance with the Explosives Rules), capped and reduced temporary licences by about 50% compared to 2016, prohibited transport of fireworks into Delhi-NCR from outside the region, made absolute the interim ban on fireworks containing antimony, lithium, mercury, arsenic and lead (adding strontium chromate to the banned list), and directed enforcement of silence zones near hospitals, schools, courts and religious places. It also put licensees on notice that only 50% of the 2017 quantity would be permitted for 2018, directed the CPCB/FDRC to develop firm safety standards by 30 September 2017, and constituted an expert committee to study health impacts of fireworks pollution by 31 December 2017.

Lesson Learnt

Even in significant public-interest environmental matters, the Supreme Court often proceeds through incremental, time-bound, graded regulatory directions, balancing commercial and livelihood interests against public health, rather than an immediate blanket prohibition; a full ban can follow in later years once committees, standards and compliance data accumulate.

Official source (sci.gov.in)View Judgment (PDF)

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