GOVERNMENT OF HARYANA

OFFICE OF DISTRICT MAGISTRATE, CHARKHI DADRI

ORDER UNDER SECTION 163 OF BHARATIYA NAGARIK SURAKSHA SANHITA. 2023

Charkhi Dadri, the 24th September, 2024

No. / /53 /p.L.B.: WHEREAS, rising air pollution during the winter, specifically October to January
mont'nsJila ierious health concern eipecially with regard to high levels of Particulate Matters (PM)
such as pM2.5 and PM10 exceeding the National Ambient Air Quality Standards (NAAQS) standards,
2009;

WHEREAS, several expeft comments and other reports related to air pollution have indicated
that during this time period, air pollution in the State of Haryana is at its peak and it has also
been observed that various episodic events occurring during winter months aggravate air pollution
levels in the State of HarYana;

WHEREAS, it is a well established scientific fact that high. air pollution causes serious
environmental ris( withrldverse effect on the health of people, parti-ularly vulnerable sections of the
poprtation lilie children, elderly and people with pre- existing respiratory and heart disease, etc;

WHEREAS, amongst various events, emissions from bursting of fire crackers during.Diwali and
other festivals like Guripurab, Christmasl New Year eve etc, not only release metal particles,
Jingurous toiini, fraimfut cnemicats and noxious gases in the air but also increases particulate
.utt'eiiiFMi,S inO pMfO) concentration in ambieni air vis-a-vis contributes to rise in pollution levels
across Haryana;

WHEREAS, the issue of bursting of fire crackers and raising of air pollution has,been taken up-
by the Hon;Ote Srpre.e-Couri ai wett 5s the Hon'ble National Green Tribunal repeatedly and some of
the landmark cases, with observations, are as under:

1. Writ petition (Civil) No. 728 of 2015, titled as Arjun Gopal & Ors. Vs. Union of India & Ors',
wherein Hon'ble Apex Court observed that "the health of the people in Delhi and in the NCR must
take precedence over any commercial or other interests.........and, therefore, a graded
regulation(of fire crackers) is necessary which would eventually result in prohibition." and also
oblerved ihat "keeping in:mind the adverse effect of Air Pollution, the human right to breathe
clear air and the humin right to health, the Central Government and other authorities should
ponsider encouraging displiy fireworks through community participation rather than individual
rursting of fireworki. In addition Hon'ble Apex Court observed that Use of Reduced Emission
irecraciers (Improved crackers) - (a) Avoidance of use of ash as desiccant or filler materials in
crackers for reduction in particulate matters by l5-2Oo/o. These can be implemented subject to
approval by PESO, and (b) usage of charcoal meeting specifications of explosives and
pyrotechnics as prescribed by PESO. Use of Reduced Emission firecrackers (Green crackers: Safe
water and air sprinklers (SWAS) - Low emission sound and light emitting functional crackers with
pM reduction by 30-35o/o and significant reduction in NOx and SOz due to in-situ water generation
as dust suppressant and low cost due to usage of low cost oxidants. These can be implemented
subject to apProval bY PESO."
Z. OA No. 24gl2O2O. titled as Tribunal on its own Motion versus Ministry of Environment, Forest,
Climate Change ahd others, whereby Honble NGT imposed total ban on sale and use of all kind
of fire crackeis during COVID-1$ pandemic in the NCR and all cities/town in the Country where
the Ambient Air Quality under the Poor and above category, with further direction to restrict use
of fire crackers in cities/towns, where air quality is moderate or below to green cracker only and
for duration of not more than 2 hours and only for celebration of any specified festivals or
permitted occasions.
3. bivit Rppeat No, 2865-2867 of 2O2L titled as Uttar Pradesh Udhyog Vyapar Pratinidhi Mandar &
nnr. Vi, Ministry of Environment Forest and Climate Change & Anr. Etc., wherein Hon'ble Apex
Court upheld the directions of Hon'ble Tribunal in OA No. 24912020.
4, IA NO. 48692 OF 2022 and IA NO. 104836 OF 2023 in Writ Petition (Civil) No. 728 of 2015 titled
as Arjun Gepal & Ors. Vs. Union of India & Ors,, wherein the Hon'ble Supreme Couft on it's order
 dated 221A912023, rejected an interlocutory application (IA) filed by The Tamil Nadu Fireworks
and Amorces Manufacturers Association (TANFAMA) to include reduced quantities of barium
nitrate in firecrackers, reiterating the directions issued in 2019 and 2021.
WHEREAS, while rejecting the above mentioned IAs the Honble Apex Court remarked that
"at this stage.allorruing the use of Barium Nitrate merely because it is indicatea tnat the formulation as a
whole would be 30 per cent less pollutin-g would in fait be a retrograde step as compared to the effort
that has been put.in.by various orders of this Court. Therefore, at fnis stagg we are bf the opinion that
the is not-liable to be grantel. Further, the same wolld also ap[ty to the request *nicr' *js
made"prayer
on behalf of some of the manufacturers to manufacture joined craikbri."

WHEREAS, CAQM letter dated 22.08.24 has directed to ensure the strict compliance of the
orders(s) of Hon'ble Supreme Court and Hon'ble NGT for control and regulation of sale anO bursting oi
firecrackers.

WHEREAS, keeping in view of the above mentioned background and in public interest, it is
necessary to prohibit the manufacture, sale and use of joined firecrackers (series crackers or laris) & all
kinds of fire crackers, except for Green Crackers. Barium salts in fireworks are also to be banned, within
the limits of District Charkhi Dadri as the same causes huge airlnoise pollution and solid waste problems.

THEREFORE, in compliance of the instructions received from the Government on the suggestion
of the Haryana State Pollution Control Board, I, Rahul Narwat, IAS, District Magistrate, -harkhi
Dadri by exercising the powers vested upon me by the virtue of Section 163 of the Bharatrya Nagarik
Suraksha Sanhita 2023, the Explosive Act, 1BB4 & dre Explosive Rules and other enabling poweri as
District Magistrate, Charkhi Dadri, do hereby prohibit the manufacture, sale, bursting and use of joined
firecrackers (series crackers or laris) & all kinds of fire crackers, except for Green Crickers, besides ban
of barium salts in the fireworks, within the limits of District Charkhi Dadri as the same causes huge
airlnoise pollution and solid waste problems, for the period from 22.10,2024 to 31.01.2025 exce-pt
for the window given below:-

G*3ro_\ The windows for bursting of Green Crackers shall be as follows-

ffif ' ,6\ On Diwali days or on any other festivals like Gurupurab etc., when such fireworks generally take

'WW'-,oy
ffitr ,,Il 3,fiT;Jltri'li;Xf:lfi,ffT"'J::*T,lJl,',';lf
,/-P/ i;I^;.o,.ly*,n
On Christmas even and New Year eve, when such fireworks start around
rl
p 12
mir,nioh,i,e.
aro,,nd midnight, oo
12:00
t'
T;l j'T-
llYg^Yld-b-t 1
1:
f_s
p
:
ol.v,
ti ll 1 2 30, a. m.
:

Moreover, no e-commerce websites, including Flipkaft, Amazon, etc., shall accept any online
orders and effect online sales in the District Charkhi Dadri.

Orders of Hon'ble Supreme Couft of India in IA No. 447271202t. IA No. 4869212022 & IA No.
10483612023 in Writ Petition (Civil) No.72Bl2O75, Civil Appeal No.2865-2867 of 2O2t and NGTOA No.
24912020 be strictly complied with.

Furthermore, the Regiona.l Officer, Haryana State Pollution Control Board, Charkhi Dadri is
hereby directed to monitor
the directions .tne
quality
of lhe Hon'ble Apex Court' and
..a1i
reguiarly 6nd upload the data on the retevarit *ensiteJ
'Central ii
p.i
Depatments/Boards/Corporations/Individuals are
Pollution Contioi Board. All iha
directed to expand full cooperation for the same.

The Commissioner/Superintendent of Police, Charkhi Dadri, District Municipal Commissioner,

Charkhi Dadri, all the Sub Divisional Magistrates, all Tehsildarsl Naib Tehsildars /BDpOs, DSps, E.O./
Secretary, MC, SHOs of allpolice Stations, Fire Officers, Charkhi Dadri and other fire office staff shall
enforce this order rn letter and spirit. All the above mentioned officers are hereby directed to conduct
raids to enforce this order and submit reports about the same, on a daily basis, to the office of the
undersigned.

Non-compliance/violation of this order shall attract relevant penal action as per the relevant
sections of the Bharatiya Nyaya Sanhita,2023, the Explosive Act 1BB4 and thb Explosive Rules, 2008.
The District Information and Public Relation Officer, Charkhi Dadri is directed to make the
public aware about ill and harmful effects of fireworks and cauti6n peopte anouf tne health hazards
on
bursting of firecrackers, through nukkud nataks, print and electronic'media. The know how of iOentrfving
green crackers from conventional one shall also tje publicized heavily. Further, he is directe6 to give wid6
I
be sent to the press for
publicity to this order throughout the. District charkhi Dadri and this order should
of administration at
wrde publicitv. DIo/Aoio iJ oire.teo to upload th" *oer on official
website district
www.charkhidadrr.gov. in'
addressed to the
In view of the emergent situation, this order is passed ex-parte and is
public at large.

2024'
Given under my hand and the seal of the Court this 24th Day of September'

istirct Magistrate,
Charkhi Dadri.
)4lol Uot't

Copy for kind information :-

1. Chief Secretary to Government of Haryana, Chandigarh'
2. Princrpal Secretary to the Chief Minister, Haryana, Chandigarh'
3. Home Secretary to Government of Haryana, Chandigarh'
4, Director General of Police, Haryana, Chandigarh'
5.AdditionalDirectorGeneralofPolice,ClD,Haryana,Panchkula,
6, Commissioner, Rohtak Division, Rohtak'
7. IG, Rohtak Range, Rohtak'
B. District & Session Judge, Charkhi Dadri'
9. All District Magistrate's in the Haryana State'
10. Member Secretary, HSPCB, Panchkula'

Copy for information & necessary action :-

1. Superintendent of police, charkhi Dadri to issue necessary directions to all officers-in-charge of
Police Stations concerned.
2. Additional Deputy Commissioner, Charkhi Dadri'
3. Sub-Divisional Magistrate, Charkhi Dadri/Badhra'
4. RO, HSPCB, Charkhi Dadri.
5. All HOD's in District Charkhi Dadri'
6.DIo(NIC),CharkhiDadriforhostinginDistrictNlCwebsite.
7. DIPRO, Charkhi Dadri for carrying wider publicity'

D-istricY Magistrate,
Charkhi Dadri..
,<\loel/NLl