The Supreme Court Directs UP, Rajasthan & Haryana to Enforce Year-Round Firecracker Ban in NCR under EPA

In a significant step to curb air pollution in the National Capital Region (NCR), the Supreme Court of India has directed the states of Uttar Pradesh, Rajasthan, and Haryana to issue strict directives under Section 5 of the Environment Protection Act, 1986, imposing a complete ban on firecrackers in their respective NCR territories.

A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing the long-standing public interest litigation titled MC Mehta v. Union of India [W.P. (C) 13029/1985], which addresses the issue of environmental degradation in Delhi-NCR caused by pollutants such as stubble burning and firecrackers.

Background of the Case

The Court reiterated its April 3, 2025 order, which had already mandated a comprehensive ban on the manufacture, sale, storage (including online delivery), and bursting of all kinds of firecrackers in Delhi. Taking note of Delhi’s compliance affidavit, which cited a Section 5 EPA direction dated December 19, 2024, the Court expressed concern over the non-issuance of similar directions by neighbouring states. “We direct the States of UP, Rajasthan and Haryana to issue similar direction under Section 5 of the Environment Protection Act, 1986 in relation to the areas that fall under the NCR region,” the bench stated. The bench emphasized that not only must such orders and Section 5 directions be issued, but that strict implementation must follow through the law enforcement machinery of each state.

Enforcement Mechanism to Be Created Within One Month

The Court mandated all NCR states to create a dedicated enforcement mechanism for implementing the ban within one month. The state of Rajasthan has already assigned this responsibility to the ADGP, Crime Branch, and submitted an affidavit detailing steps taken. “The state governments shall not only ensure scrupulous implementation of the ban on firecrackers but also create a machinery for effectively implementing the ban,” the Court directed.

Penalties & Legal Consequences for Non-Compliance

The Court stressed that directions under Section 5 of the EPA must be taken to their logical conclusion by ensuring that penalties under Section 15, as amended by the Jan Vishwas Act, 2023, are imposed in case of violations. It also issued a stern warning that failure to comply may invite proceedings under the Contempt of Courts Act, 1971. “In case of any failure on the part of the officials of these governments and other entities to implement the directions issued by the Court, action under the Contempt of Courts Act may be initiated,” it warned.

Public Awareness and West Bengal IA Dismissed

The Court directed all NCR states to File comprehensive compliance affidavits, and Ensure wide publicity about the firecracker ban and corresponding penalties. An interlocutory application (IA) challenging the firecracker ban in West Bengal was dismissed, with the Court clarifying that the present proceedings pertain only to Delhi NCR, while keeping all other prayers open.

 

Case Title: MC Mehta v. Union of India