ARJUN GOPALAND ORS versus UNION OF INDIA & ORS.

ARJUN GOPALAND ORS versus UNION OF INDIA & ORS.

Given grave air quality situation in NCR, the harmful effect of fireworks requires prioritizing citizens’ rights to clean air over commercial interests of manufacturers and suppliers; suspension of storage and sale licenses in NCR is an appropriate interim measure to protect public health and fundamental rights.

Parties
Petitioner: Arjun Gopal and Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
11 November 2016
Procedural Posture
Writ Petition (civil) / Interim Order on I.a. No.4
Outcome
Interim directions granted; licenses suspended
Legal Topics
Right to Clean Air, Air Pollution, Noise Pollution, Use of Fireworks, Fundamental Rights, Directive Principles, Fundamental Duties
Constitutional Law Environmental Law Administrative Law Right to Clean Air Air Pollution Noise Pollution Use of Fireworks Fundamental Rights +2 more

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Parties

Arjun Gopal and Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Interim Order on I.a. No.4

Legal Issues

  1. 1 Whether sale and use of fireworks in NCR violates constitutional rights due to air pollution
  2. 2 Whether suspension of licenses for sale and storage of fireworks is warranted in public interest

Ratio Decidendi

Given grave air quality situation in NCR, the harmful effect of fireworks requires prioritizing citizens’ rights to clean air over commercial interests of manufacturers and suppliers; suspension of storage and sale licenses in NCR is an appropriate interim measure to protect public health and fundamental rights.

Court Disposition

Interim directions granted; licenses suspended

Orders

  • Central Government directed to suspend all licenses permitting sale (wholesale and retail) of fireworks within NCR till further orders.
  • No new licenses to be granted or renewed within NCR till further orders.