Supreme Court allows manufacture of greencrackers in Delhi-NCR but condition applies: ‘They would not sell any…’

The Supreme Court allowed certified manufacturers of green crackers to manufacture green crackers in Delhi-NCR, subject to the condition that they will not be sold in the NCR. These manufacturers must have permits from the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO).

The Supreme Court’s direction came on Friday (September 26) when it asked the Centre to take a decision on revising the absolute ban on manufacture of firecrackers in Delhi-NCR after holding consultations with all the stakeholders, Live Law reported.

“In the meantime, we permit the manufacturers who are having the certification of green crackers as certified by the NEERI as well as PESO to manufacture. However, this will be subject to an undertaking by the manufacturers to this Court that until further orders passed by this Court, they would not sell any of their crackers in the prohibited areas,” the Supreme Court was quoted as saying.

A bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria passed the order in the MC Mehta case.

The Supreme Court will hear the matter next on October 8.

What’s the case?

On April 3, the Supreme Court had passed an order, extending the firecracker ban in NCR to the entire year instead of just the winter season.

During the hearing, it was argued by some parties that the April 3 order was in conflict with the 2018 judgment in the Arjun Gopal case.

According to Live Law, the bench said that it was not proposing to go into that issue at this moment.

The bench observed in the order that a complete ban may not be practical and ideal. In this regard, the bench pointed out that the absolute ban on mining in Bihar had led to the rise of illegal mining mafias.

The court reportedly noted, “It will be appropriate that the Union of India comes forward with a solution after taking all the stakeholders, including the Delhi Government, the manufacturers and sellers of crackers, on board.”

“As has been experienced, that inspite of there being a complete ban, the ban could not be implemented,” the court said.

It added, “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 of the matter, it is necessary that a balanced approach must be adopted.”

Observing that a “balanced approach” has to be taken, the Supreme Court bench asked Additional Solicitor General of India Aishwarya Bhati to communicate to the Ministry of Environment, Forests and Climate Change to take all stakeholders on board before taking a decison.

(With inputs from Live Law)

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