NGT bans use of firecrackers in Delhi-NCR from Nov 9 to Dec 1 [Read Order]

In a bid to tackle increased adverse health impact of pollution by use of fire crackers on Covid-19, the Principal bench of the National Green Tribunal (NGT) ordered a total ban on all kinds of firecrackers in the Delhi-National Capital Region (NCR) from from midnight of November 9 -10, 2020 to the midnight of November 30 - December 1, 2020..The order by Chairperson of NGT, Justice Adarsh Kumar Goel stated that such ban will also apply to all cities/towns in the entire country where the "average of ambient air quality during November (as per available data of last year) fall under 'poor' and above category.".However, for cities/towns where air quality is ‘moderate’ or below, only green crackers have been allowed with timings for use and bursting of crackers has been restricted to two hours during festivals, like Diwali, Chatt, New Year/Christmas Eve etc.The tribunal clarified that such a direction is in line with the 2019 Supreme Court verdict..The NGT, further, directed that States, Union Territories, Pollution Control Boards (PCB) and Pollution Control Committees (PCC) may initiate special drives to contain air pollution from all sources in view of potential of aggravation of Covid-19.."The Chief Secretaries and DGPs of all the States/UTs may issue and circulate an appropriate order in above terms with appropriate enforcement guidelines to all the District Magistrates and Superintendents of Police, PCBs/PCCs,"the order said. .The NGT also clarified that to achieve "sustainable development", the financial loss incurred due to ban on crackers cannot be a reason to supersede the health of people.."Citizens are entitled to breathe fresh air which right cannot be defeated on the ground that enforcement of such right will lead to closing of such business activity. If authorities, do not take action, the Tribunal has to exercise its jurisdiction," it said..Though the tribunal ordered ban on crackers across India where air quality is poor or above, it noted that it had not issued notice to all the States and Union Territories but was passing directions in public interest."We propose to issue directions in rem applicable to all States/UTs, we have to, in the interest of natural justice, make this order subject to such States being at liberty to move this Tribunal to be heard, if so desired," the order stated..The other members who were on the Bench were Judicial member JK Singh and expert members Dr. SS Garbyal, Dr. Nagin Nanda..[Read order]