The Supreme Court on Friday modified the Telangana High Court order and granted partial relief to Telangana Fire Works Dealers Association (TFWDA), allowing the sale and bursting of green crackers for two hours during Diwali.
The matter was heard by a two-judge bench of the top court, which included Justices AM Khanwilkar and Sanjiv Khanna, and it asked the state to comply with the directions issued by the National Green Tribunal (NGT) on November 9.
“Telangana High Court order stands modified and to be in line with NGT’s order of November 9 which applies to all states including that of Telangana. All concerned with the State to comply with the directions in letter in spirit. Respondents are not served, but due to the peculiar situation and urgency involved, the November 11 order of the High Court stands modified,” the top court said, as reported by Bar and Bench.
The NGT had banned the use all kinds of firecrackers in Delhi-NCR in wake of the rising pollution from November 9 to December 1. It had further said that the order will apply to cities and towns across India where the “average of ambient air quality during November (as per available data of last year) fall under ‘poor’ and above category”.
However, the use and sale of green crackers were allowed by the NGT only for two hours in areas where air pollution was “moderate or below”. However, the Telangana government had issued a complete a ban on sale and use of firecrackers with immediate effect.
The government after careful consideration of the matter and keeping in view the directions of the Hon’ble High Court, hereby impose ban on sale and use of firecrackers by the people and organisations, with immediate effect,” the state government said on Friday earlier.
Following the state government’s order, the TFWDA moved to the Supreme Court, seeking a stay on the Telangana High Court order. It argued that the ban has led to “immense financial hardships to its members as firecrackers is a seasonal business for which heavy investments have been made”.
“The High Court failed to consider the economic adversities that shall befall upon almost lakhs of people and their respective families who are directly and indirectly employed by the fireworks industry within the State of Telangana,” the TFWDA said in its petition, reported Bar and Bench.