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Delhi High Court
Sagun Kaushik vs Lt. Govt. Of Delhi & Ors. on 31 August, 2000
Bench: A D Singh, . M Sharma

ORDER

C.W.P. Nos. 3364/97 & 4381/97

1. On hearing the learned counsel for the parties we are of the view that the manufacture, sale and use of fireworks need to be regulated in order to prevent accidents on Dussehra, Diwali festival days and festivities. Having regard to the submissions of learned counsel appearing before us and keep- ing in view the Notification No. GSR 682(E) dated October 5, 1999, Memo No. R4(2)89 dated October 26, 2000 and the report of the Committee constituted by this Court, we direct that :-

Notification No. GSR 682(E) dated October 5, 1999 shall be strictly complied with.

2. Fire-crackers, generating noise level exceeding 125dB(AI) or 145dB(C)pk at 4 meters distance from the point of bursting shall not be manufactured, sold or used.

3. For individual fire-cracker constituting the series (Joined fire- crackers), the aforesaid limit shall be reduced by 5log10 (N) dB, where N = number of crackers joined together.

4. From 1st November, 2000 the manufacturer shall specify and record the noise level on the cracker itself.

5. Use of fire-works shall not be permitted on Dussehra, Diwali and other festivals including festivities except between 6.00 P.M. to 11.00 P.M.

6. Fire-works shall not be used in the areas designated as silence zones.

7. Fire-works shall not be used near hospitals and nursing homes.

8. People should be educated and made aware of the ill-effects of air and noise pollution caused by the indiscriminate use of fireworks. For this purpose, Doordarshan and other TV channels should show quickies, on prime time, for at least five times a day, during the fortnight before Dussehra & Diwali. Directorate of Advertising and Visual Publicity. Ministry of Infor- mation and Broadcasting advertisements through newspapers. Besides All India Radio should broadcast appropriate messages on prima time on FM and other frequencies for circulation of the information in this regard.

9. CPCB and DCP (Licensing) shall prepare slides/films for showing ad- verse consequences of air and noise pollution and shall be shown/screened in all cinema halls of Delhi before all the daily shows.

10. Steps should be taken by the managements of all schools in Delhi to educate students about the ill-effects of air and noise pollution.

11. Manufacture, sale and use of rockets, maroons and atom bombs of a noise level higher than the one prescribed in Notification No. GSR 682(E) dated October 5, 1999 shall not be permitted.

12. With the above directions, both the writ petitions stand disposed of.


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