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Supreme Court of India directed the state government of Telangana to comply with the directions of the National Green Tribunal. Thus, modified the orders passed by Telangana HC. The supreme court modified the order of the Telangana High Court which imposed a complete and immediate ban on the sale and use of firecrackers on the occasion of Diwali and directed that the Guidelines passed by NGT vide order dated 9th November to be implemented.
On Monday, the National Green Tribunal has imposed a total ban on the sale and use of all kinds of firecrackers in Delhi and nearby regions which had low air quality levels. But in the areas where the air quality level was deemed to be moderate or better, were permitted to sell green crackers, and their use was restricted only for two hours. The Bench was headed by Chairperson Justice Adarsh Kumar Goel, who gave these directions in the light of a batch of petitions seeking remedial actions against the alarming rate of pollution levels in certain areas of the country. NGT in its last hearing had issued notices to 18 States and Union Territories including Delhi NCR, to curb the sale and use of firecrackers on the occasion of Diwali. These measures were taken to improve the air quality levels in these said areas.
Telangana Fire Works Dealers Association submitted that they were seriously affected by the complete ban imposed by the High Court. They also claimed that the order was passed without making them a party to the proceedings, thus they were not given an opportunity to represent themselves in the court of law, this was violative of the natural justice principle of ‘Audi alteram partem’. Further, they also submitted that this said ban is violative of the Fundamental Rights under Article 19 and 21. The case of Arjun Gopal and Ors v. Union of India was also referred and it was observed that a complete ban on firecrackers would not serve the interest of justice. Therefore, the Supreme Court of India directed the state government to follow guidelines imposed by the NGT regards to the use and sale of firecrackers in the state.
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