A.K. Sikri, J. - (1.) Writ Petition (Civil) No. 728 of 2015 was filed on September 24, 2015 on behalf of three infants, who are made petitioners in this writ petition. Petitioner No.1 and 2, on the date of filing of this writ petition, were six months old and petitioner No.3 was fourteen months old. This petition has been filed through their next friends, i.e. their fathers, who are concerned about the health of their children as they feel that due to the alarming degradation of the air quality, leading to severe air pollution in the city of Delhi (where these petitioners reside), the petitioners may encounter various health hazards. Poor, very poor or severe air quality/air pollution affects all citizens, irrespective of their age. However, claim the petitioners, children are much more vulnerable to air pollutants as exposure thereto may affect them in various ways, including aggravation of asthma, coughing, bronchitis, retarded nervous system breakdown and even cognitive impairment. The petition accepts that there are number of reasons which have contributed to poor air quality in Delhi and National Capital Region (for short, 'NCR'). At the same time, it is emphasised that air pollution hits its nadir during Diwali time because of indiscriminate use of firecrackers, the chemical composition whereof increases harmful particulate matters such as PM2.5 or PM10 at alarming level thereby bringing the situation of 'emergency'. The petitioners have, thus, prayed for direction to the official respondents to take possible measures for checking the pollution by stricking at the causes of the pollution, which includes seasonal crop burning, indiscriminate dumping of dust/malba and other pollutants, etc. The prayer also includes banning the use, in any form, of firecrackers, sparkles and minor explosives, in any form, during festivals or otherwise.
(2.) This petition came up for preliminary hearing on October 08, 2015 when notice was issued and the matter was directed to be listed on October 16, 2015 at 2:00 p.m. since the petitioners wanted stay on burning of crackers during Diwali, which was around the corner in that year. When the matter was taken up on October 16, 2015, certain suggestions were made by the learned counsel appearing for the petitioners, which were as under: "1. Restrict licenses to low hazard fireworks. 2. Period of grant of license is too early - need not be from 2 days prior to Dussehra. 3. Restrict window for use of fireworks to be from 7:00 p.m. to 9:00 p.m. 4. RWAs to hold community fireworks for a brief period of 30 minutes on a single day. 5. Government be directed to give wide publicity to the ill effects of fireworks and encourage restraint on responsible use. 6. Encourage teachers to tell students not to buy and use fireworks."
(3.) Suggestion Nos. 5 and 6 were accepted and the relevant portion of the order that was passed reads as under: "In our view for the present, if we accept suggestion Nos. 5 and 6 it will not in any way affect the interest of the respondents. Shri Ranjit Kumar, learned Solicitor General appearing for the Union of India states that the Union Government has already taken enough and effective steps to give wide publicity to the ill effects of fireworks. In spite of the submission so made by the learned Solicitor General, we intend to pass the following order: "The Union Government and all the State Governments will give wide publicity both in print and Electronic media to the ill effects of fireworks and advise people accordingly. We also direct the Teachers/Lecturers/Assistant Professors/ Professors of the Schools and Colleges to educate the students about the ill effects of the fireworks."";