(A.K. Sikri and Ashok Bhushan, JJ.)
Arjun Gopal and Others ____________________________ Petitioners(s)
v.
Union of India and Others _________________________ Respondent(s)
IA Nos. 155697, 155828, 156484, 156704, 157066 and 156999 of 2018 In Writ Petition (Civil) No. 728 of 2015, decided on October 31, 2018
The Order of the court was delivered by
A.K. Sikri, J.:—
1. I.A. Nos. 155828, 156704 and 156484 of 2018 are filed on behalf of respondent No. 7, respondent Nos. 8 to 75 and respondent No. 80 respectively. These respondents are Associations of fireworks manufacturers and/or traders who are selling firecrackers. They have sought modification and clarifications of order dated October 23, 2018 passed by this Court in certain I.As., dealing with the issue of burning of firecrackers during Diwali and other festivals/occasions etc. Number of directions are given in the said order. A conjoint reading of these applications shows that the applicants are seeking modifications in respect of direction Nos. (i), (ii), (iii), (vi), (viii), (xiv) and (xv). After hearing the counsel for the parties, we are inclined to give following clarifications:
(a) Henceforth, production of crackers with reduced emission (improved crackers and green crackers) is permitted, as already directed in order dated October 23, 2018. It would also mean that barium salts in the manufacture of firecrackers will not be used.
(b) In direction No. (ii) where sale of crackers other than reduced emission is banned, it is clarified that this sale is banned in Delhi and NCR. Thus, direction No. (viii) would continue to operate. In other areas, the crackers which have already been produced would be allowed to be sold for this Diwali and other festivals and occasions.
(c) Insofar as Direction No. (xiv) is concerned, in respect of Tamil Nadu and Union Territory of Puducherry and other Southern States are concerned, this Court has already modified the said direction vide order dated 30.10.2018. We further clarify that on the occasion of Gurpurab also, fireworks shall be allowed for one hour in the morning i.e. 4:00 a.m. to 5:00 a.m. and one hour in the evening i.e. 9:00 p.m. to 10:00 p.m.
2. It is also clarified that pan India directions pertain to:
(a) Community fire cracking. Here, direction is to explore the feasibility of community fire works.
(b) Duration within which fireworks can take place i.e. for two hours as contained in direction No. (xiv) and modified vide order dated October 30, 2018 as well as this order. This also is applicable throughout India.
(c) Direction No. (xiii) which deals with extensive pubic awareness campaign also applies throughout India.
(d) In addition, direction regarding production of crackers with reduced emission, restraining e-commerce websites for selling firecrackers, also applies throughout India.
(e) Likewise, the aforesaid pan India directions will be enforced by the police authorities and, thus, direction No. (xvi) to police shall also be applicable throughout India.
(f) Direction No. (xvii) which is regarding the effect of pollution of all categories is also applicable to all the States.
3. We make it clear that apart from the above, no other modification is carried out in order dated October 23, 2018.
4. Insofar as Barium salts in fireworks is concerned, which is banned as per direction No. (vi), the Petroleum and Explosives Safety Organization (“PESO”) has filed an affidavit which is taken on record.
5. I.A. No. 157066 of 2018 for impleadment is allowed.
6. In view of the orders passed in the aforesaid I.As., no further orders are necessary in I.A. No. 155697 of 2018 filed by the applicants/petitioners and I.A. No. 156999 of 2018 filed by Mr. Balwinder Singh Bagga.
7. The Interlocutory Applications stand disposed of as indicated above.
Writ Petition(s)(Civil) No(s). 728/2015
Arjun Gopal & Ors. ______________________________ Petitioner(s)
v.
Union of India & Ors. _________________________ Respondent(s)
(ONLY I.A. NO. 155697/2018 TO BE LISTED)
Date : 31-10-2018 This petition was called on for hearing today.
(Before A.K. Sikri and Ashok Bhushan, JJ.)
For Petitioner(s) Mr. Gopal Sankaranarayanan, Adv.
Ms. Pooja Dhar, AOR
Ms. Aishwarya Kane, Adv.
Ms. Gayatri Verma, Adv.
Ms. Astha Sharma, AOR
For Respondent(s) M/s. Corporate Law Group, AOR
Mr. B. Krishna Prasad, AOR
Mrs. Sarla Chandra, AOR
CPCB Mr. Vijay Panjwani, AOR
State of T.N. Mr. Shekhar Naphade, Sr. Adv.
Mr. B. Vinodh Kanna, AOR
Mr. A. Sriram, Adv.
Ms. Valarmathi S., Adv.
NCT of Delhi Mr. Chirag M. Shroff, AOR
Ms. Neha Sangwan, Adv.
Ms. Joy Shree Barman, Adv.
Mr. Rajiv Dutta, Sr. Adv.
Mr. M. A. Chinnasamy, AOR
Ms. C. Rubavathi, Adv.
Mr. P. Raja Ram, Adv.
Mr. K. Ethiraj, Adv.
Mr. S. Peer Mohammad, Adv.
Mr. V. Senthil Kumar, Adv.
Ms. Rohini Musa, AOR
Mrs. V. D. Khanna, AOR
Mr. Anish R. Shah, AOR
Mr. Ranjit Kumar, Sr. Adv.
Mr. Yoginder Handoo, AOR
Mr. Maninder Singh, Sr. Adv.
Mr. Sachin Mittal, Adv.
Mr. Sagar Kothari, Adv.
Mr. Gaurav Kumar, Adv.
Mr. Phool Kumar, Adv.
Mr. Yoginder Handoo, AOR
Applicant-in-person, AOR
Ms. Garima Bajaj, AOR
Mr. Ashok Kumar Gupta II, AOR
Mr. Suvidutt M.S, AOR
Mr. Mohinder Jit Singh, AOR
Mr. S. K. Verma, AOR
Mr. Yugandhara Pawar Jha, AOR
Mr. Gurmeet Singh Makker, AOR
U.O.I./PESO Mr. Atma Ram N.S. Nadkarni, ASG
Mr. Ajit Kumar Sinha, Sr. Adv.
Ms. Kiran Bhardwaj, Adv.
Mr. Ritesh Kumar, Adv.
Mr. S. Wasim A. Qadri, Adv.
Mr. Arun Kumar Yadav, Adv.
Mr. Raj Bahadur, Adv.
Mr. Amit Sharma, Adv.
Mr. Arun Kumar Yadav, Adv.
Mrs. Anil Katiyar, AOR
UP PCB Mr. Pradeep Misra, Adv.
Mr. Daleep K. Dhyani, Adv.
Mr. Bijender Singh Choudhry, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Mr. S.K. Rajora, Adv.
State of Haryana Mr. Anil Grover, Adv.
Mr. Shivam Kumar, Adv.
Mr. Sanjay Kumar Visen, Adv.
Ms. Uttara Babbar, AOR
Mr. R. Venkataraman, Adv.
Mr. M.K. Aswathi, AOR
Mr. S. Manoj Selvaraj, Adv.
Mr. Naveen Raj R., Adv.
Mr. Prakash Gautam, Adv.
Mr. Ankit Pandey, Adv.
Mr. Shashank Shekhar Singh, AOR
Mr. R. Venkataramani, Sr. Adv.
Mr. V.G. Pragasam, Adv.
Mr. Prabu Ramasubramanian, Adv.
Mr. S. Manuraj, Adv.
Mr. Praveen Vignesh, Adv.
Mr. Fuzail Ahmad Ayyubi, AOR
Ms. Aditi Gupta, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. I.A. No. 157066/2018 in Writ Petition (C) No. 728/2015 for impleadment is allowed.
9. I.A. Nos. 155697/2018, 155828/2018, 156484/2018, 156704/2018, and 156999/2018 in Writ Petition (C) No. 728/2015 stand disposed of in terms of the signed Order.
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