The Division Bench of the National Green Tribunal, comprising Justice Sheo Kumar Singh and Dr. Afroz Ahmad in the case of Dr. P.G. Najpandey & Ors v. State of Madhya Pradesh & Ors. has discussed the growing concern about air quality and its impact on public health, especially during festive celebrations and directed the State to impose restriction on the use of green firecrackers to cities with 'moderate' air quality is a precautionary measure to ensure that air quality does not deteriorate significantly during festivities.
The contention of the applicant is that the undertaking regarding Air Quality and testing as narrated by directions issued by the M.P. Govt. have not been carried out, which resulted in violation of direction of Hon’ble Supreme Court and further aggravating the air quality index in the region, adversely affecting the health of the public.
Learned counsel for the applicant has further relied on the news item of Times of India published on 01.02.2023 which says that if you live in Madhya Pradesh your life will be five year shorter due to Air Pollution. M.P. is tenth (10th) most polluted State in India.
The bench paid reliance on the Judgment of Supreme Court and observed that the health of the people must take precedence over any commercial or other interest of the applicant or any of the permanent lisencee and therefore a greater regulation is necessary which could eventually result in a prohibition.
Considering the prevailing situations of the case, the bench directed that the public authorities and the District Magistrate concerned will ensure that fireworks are not burst in silence zones, i.e. an area of 100 mtr.
The Bench further ordered that On Diwali days or on any other festivals like Gurupurab, etc., when such fireworks generally take place, it would strictly be from 8.00 p.m. till 10.00 p.m. only. On Christmas Eve and New Year's Eve, when such fireworks start around midnight i.e. 12.00 a.m., it would be from 11.55 p.m. till 12.30 a.m. only.
Therefore, the bench directed TNPCB to levy the compensation for the period in which the unit was in operation without obtaining the Consent to Establish and Consent to Operate by following the due process of law.
Case Details
Case:- Original Application No.76/2021(CZ)
Petitioner:- Dr. P.G. Najpandey & Ors.
Respondent:- State of Madhya Pradesh & Ors.
Judge: Justice Sheo Kumar Singh and Dr. Afroz Ahmad
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