Summary
In the Delhi-NCR fireworks litigation, the Court postponed operation of its September 2017 relaxation of licence suspensions until 1 November 2017. The earlier suspension was allowed to operate through Diwali so its air-quality effect could be tested. Temporary licences already issued were suspended forthwith, and manufacturers’ and traders’ requests for further relaxation were rejected.
Issues
- Whether licence-sale restrictions should be relaxed further or restored through Diwali 2017.
- Whether temporary licence holders should receive more time to comply with the Explosives Rules.
Held
- Fireworks were a significant immediate contributor to the sharp deterioration of air quality during Diwali, notwithstanding other pollution sources. General annual air-quality studies did not answer their concentrated festival impact. Health and the right to breathe clean air justified refusing further relaxation. (¶ 10)
- The Explosives Rules, in operation since 2008, required strict compliance. Temporary licence holders could not obtain an additional year to comply merely because they had operated previously. (¶ 11–12)
- The suspension introduced in November 2016 had not yet been tested through a Diwali season. The September 2017 relaxation was therefore made effective only from 1 November 2017, allowing the suspension to operate during Diwali. Temporary licences issued after the September order were suspended immediately to prevent further sales in Delhi and NCR. Further orders could follow assessment after the festival. (¶ 13(b)–14)
- The Court condemned an attempt to shift the matter away from a particular Bench through material concerning older Delhi High Court proceedings, while continuing to consider the important public environmental cause. (¶ 13(a))
Result
Manufacturers’ and licence holders’ applications dismissed; petitioners’ application ordered by postponing the September relaxation until 1 November 2017 and immediately suspending temporary licences. Connected NGO applications disposed of accordingly.