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Calcutta HC asks Bengal govt to explain relaxation of firecracker noise levels

Nov 03, 2023 06:21 PM IST

Lawyers who represented WBPCB told high court that the sound limit was relaxed in accordance with a 1999 order of the Supreme Court, which is followed across India

Kolkata: A Calcutta high court vacation bench has ordered the West Bengal Pollution Control Board (WBPCB) to explain why it has raised the noise limit from 90 decibels (dB) to 125 dB for sound-emitting green firecrackers, state government officials said.

After hearing a petition filed during the Durga puja recess by Sobuj Mancha, an NGO working on environmental issues, the vacation bench of justices Sabyasachi Bhattacharyya and Partha Sarathi Chatterjee on Thursday ordered WBPCB to file an affidavit in three weeks explaining why the noise limit was raised and whether experts were consulted before the relaxation was ordered.

“In continuation of the above noise level limits for the sound emitting green firecrackers shall be within 125 dB and the light emitting green firecrackers shall be within 90 dB measured at a distance of four metres from the point of bursting as per the formulation of CSIR – NEERI (Council for Scientific & Industrial Research-National Environmental Engineering Research Institute),” said the order WBPCB issued on October 17.

Bengal has imposed restrictions on firecrackers over the years.

In 2021, the sale and bursting of firecrackers, other than green firecrackers, was banned by the government. A few thousand tonnes of banned firecrackers have been seized in the last two years following accidents and deaths at illegal factories.

Also Read: 1,988kg of firecrackers at illegal warehouse seized in Gurugram

Lawyers who represented WBPCB on Thursday told the vacation bench that the sound limit was relaxed in accordance with a 1999 order of the Supreme Court, which is followed across India.

Representing the NGO, lawyer Raghunath Chakraborty questioned the rationale behind the WBPCB’s October 17 order.

“The WBPCB order has been challenged at a time when the state and Kolkata police, who are the sole authorities to detect and seize illegal firecrackers, are having a tough time ahead of Diwali and Kali puja. There is no time to make a fresh categorization of firecrackers on the basis of the revised sound limit. Firecrackers that were marked illegal earlier has suddenly become legal,” a senior state police officer, asking not to be named.

Babla Roy, chairman of the West Bengal Firework Manufacturers’ Association, welcomed the WBPCB’s new order saying the Bengal government restricted the noise level to 90 dB for 24 years although the Supreme Court allowed a maximum limit of 125 dB in 1999 based on research findings.

The lower decibel level set by WBPCB was challenged several times in the past. However, the courts passed orders in favour of the Bengal government saying law allows states to set environmental standards of their own.

This year, the government has announced that green firecrackers can be used for only two hours (8 pm to 10 pm) on Diwali. For Chhath puja, the time frame is 6 am to 8 am.

Green crackers can be used for only 35 minutes (11:55 pm to 12:30 am) on Christmas and New Year’s Eve.

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