Supreme Court Issues Notice On Contempt Petition Filed Against Rajasthan Authorities Over Lack Of Steps To Tackle Air & Noise Pollution

The Supreme Court recently issued notice on a contempt petition filed against Rajasthan authorities over an alleged lack of steps to tackle air and noise pollution in the state, particularly in Udaipur, despite the Court’s directives of November, 2023.

A bench of Justices MM Sundresh and N Kotiswar Singh passed the order, dispensing with the appearance of the alleged contemnors – including Additional Chief Secretary, Dept. of Environment, State of Rajasthan. The matter is tentatively listed on December 10.

Briefly stated, the contempt plea has been filed in a 2015 public interest litigation initiated by 3 infants (Arjun Gopal, Aarav Bhandari and Zoya Rao Bhasin), aged between 6 months and 14 months, through their legal guardians, praying for urgent measures to bring down the “fatal” pollution level in the national capital ie Delhi.

This PIL demanded, among other things, a complete ban on use of firecrackers, sparklers and explosives during festivals. In November 2016, pursuant to the worsening pollution levels in Delhi and National Capital Region (NCR) for nearly two weeks after Diwali, the Supreme Court banned sale, stocking of all kinds of fire crackers and issuance of new license in Delhi and the NCR region.

In November, 2023, the Court heard an application seeking direction to the State of Rajasthan and the District Administration of Udaipur to immediately take steps to prevent air pollution in the city of Udaipur. Without passing any specific order with regard to the state, the Court indicated that the orders passed in the PIL over the years, on how to minimize and avoid air/noise pollution, would bind every state in the country (including Rajasthan).

“we make it clear that the State of Rajasthan also would take note of this and take all steps to minimize the air/noise pollution not only during the festival season but even thereafter”, the Court said.

Alleging contempt of this order, the present plea has been filed. It is stated that no action whatsoever has been taken by the Respondents, let alone issuance of an advisory to the residents.

“Evidence, including a news article titled ‘Boxed and burnt fireworks found in lake beds of Udaipur lakes, violation of wetland norms’ published in Udaipur Times on 08.01.2024, details violations such as the recovery of fireworks debris from lake beds, construction activities in eco-sensitive zones, and waste discharge into lakes, all of which directly contravene the court’s orders and endanger the ecosystem of Udaipur”, the plea states.

The petitioner avers that the inaction of the alleged contemnors not only jeopardizes public health and the fragile ecosystem of Udaipur but also undermines the dignity and authority of the Court.

Case Title: Bhagyashree Pancholy Versus Ms. Aparna Arora & Ors., CONMT.PET.(C) No. 480/2024

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