Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Art. 32 - Public interest litigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India - Art. 32 - Public interest litigation -Writ petition seeking ban on use of fireworks, sparklers and minorexplosives in any form, during festivals or otherwise - Interim orderpassed on 11.11.2016 directing suspension of all such licencespermitting sale of fireworks, wholesale and retail within the territorialof the National Capital Region - Manufacturers and suppliers offireworks seeking modification of the interim order - Held:Continuing the suspension of licences might be too radical a stepto take for the present - A graded and balanced approach isnecessary that would reduce and gradually eliminate air pollutionin Delhi and in the NCR caused by the bursting of.fireworks - Atthe same time it is necessary to ensure that injustice is not caused tothose who have already been granted a valid permanent licence topossess and sell firework.1ยท in Delhi and the NCR - Graded andbalanced approach is not intended to dilute the primary concernwhich is and remains the health of everybody and the human rightto breathe good quality air - Health must take precedence over thecommercial or other interest of the applicant and those granted apermanent Licence lo possess and sell fireworks - Thus, a gradedregulation is necessary which would eventually result in aprohibition - Farther: it cannot be said with any great degree ofcertain(v that the extremely poor quality of air in Delhi in Novemberand December 2016 was the result only of bursting.fireworks aroundDiwali, certainly, there were other causes as well - As a result, acomplete ban 011 the sale of fireworks would be an extreme step thatmight not be fully warranted on the facts available - Also, largenumber of temporary licences have been issued for possession andsale of fireworks - Thus, there is some justification for modifying the interim order and lijling the suspension of the permanentlicences - In view thereof; directions issued hereby suspension ofpermanent licenses by order dated 11.11.2017,lifted temporarily -Pollution - Air pollution. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 897 |
Petitioner | Arjun Gopal And Ors. |
Respondent | Union Of India And Ors. |
SCR | [2017] 11 S.C.R. 821 |
Judgement Date | 2017-09-12 |
Case Number | 728 |
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