Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Parts III owing to use of fireworks especially during festival/marriage season IV and !VA - Right to clean air - Writ petition u!Art.32 seeking emergent reliefs in relation to the extreme air pollution in the National Capital Region (NCR) |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Constitution of India - Parts III, IV and !VA - Right to clean air - Writ petition u!Art.32 seeking emergent reliefs in relation to the extreme air pollution in the National Capital Region (NCR), owing to use of fireworks especially during festival/marriage season - Held: Fireworks release a deadly concoction of fumes into an almost- still winter air in Delhi, causing extreme air pollution during this time -Ambient air quality during the Diwali period shows that air pollution across the capital has reached record levels and has become intolerable - Severe air pollution in NCR is leading to multiple diseases and other extreme health related effects which leads to abject deprivation of a range of constitutionally embedded rights that the residents of NCR ought to have enjoyed - Thus, when the Air Quality Index in NCR is abysmally and threateningly severe, allowingfree trade in fireworks constitute a serious invasion of the Freedoms and Rights conferred on citizens by Part Ill of the Constitution - A just constitutional balance, must overwhelmingly prioritize the harmful effects of this hazardous air on present and future generations, over the immediate commercial constraints of the manufacturers and suppliers of fireworks - The balance must heavily tilt in favour of citizens in general - Therefore, in view of grave air quality situation in NCR, Central Government directed to suspend the licenses to store and sell fireworks in NCR till further orders - Jn addition, Central Pollution Control Board (CPCB) directed to study and prepare a report on harmful effects of materials used in the manufacture of fireworks - Fundamental Rights - Directive Principles of State Policy - Fundamental Duties -Environment - Pollution -Air/noise pollution. Explosive Rules, 2008 - r.118, sub-rule (5) - Suspension! Cancellation of licence - Held: sub-rule 5 confers on the Central Government a power to suspend or cancel a license if it considers so to do in public interest, even without giving an opportunity of being heard to the licensee - Thus, grave air quality situation is one such case, where the licenses to store and sell fireworks in NCR can be suspended- Directed accordingly - Explosives Act, 1884. |
Judge | N/A |
Neutral Citation | 2018 INSC 981 |
Petitioner | Arjun Gopaland Ors |
Respondent | Union Of India & Ors. |
SCR | [2016] 11 S.C.R. 812 |
Judgement Date | 2016-11-11 |
Case Number | 728 |
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