The Supreme Court on Friday came down heavily on the Commission for Air Quality Management (CAQM) over its alleged failure to stop stubble burning in the States of Punjab and Haryana, which ultimately worsened the air quality in the Delhi-National Capital Region during the winter season.
The Bench of Justice Abhay S Oka and Justice Augustine George Masih expressed displeasure over the fact that the CAQM has never taken penal action under Section 14 of the CAQM Act against those indulging in stubble-burning.
It orally observed that in the absence of penal action under Section 14, the prohibitive directions issued to prevent farm fires would remain only on paper.
The Bench recorded in its order that in the last three years since its inception, the Commission has only issued about 82 directions. The CAQM has been conferred with vast powers under Section 12, including the power to direct closure. However, it has never taken any action against the offenders, despite finding that they have flouted the rules.
Acknowledging the steps taken by CAQM to improve the air quality of Delhi-NCR region, the top court of the country said the Commission must ensure that the efforts and directions issued by it actually translated into decreasing the pollution levels.
The Bench sided with the submissions made by Amicus Curiae Senior Advocate Aparajita Singh that the Commission was not functioning in the manner it was expected to, considering the objectives and purposes of the CAQM Act.
The Apex Court took up the matter on the basis of a mentioning made by Amicus Curiae on September 24 regarding the rise in stubble burning.
Noting that penal action under Section 14 was the ‘last resort,’ Additional Solicitor General of India Aishwarya Bhati today suggested the Commission to adopt a handholding and collaborative approach with the farmers.
The ASG said that while the CAQM did not hesitate in taking strict action against polluting industries, it adopted a more collaborative approach towards the farmers.
However, the Apex Court pointed out that despite several directions, the issue of stubble burning recurred every winter.
Drawing from his experiences as a native of Punjab, Justice Masih said that the farmers resorted to burning the stubbles to make the fields immediately ready for the next crop after the paddy cultivation.
He said huge harvesters left out the lower part of the crop. The Supreme Court judge further listed the smaller number of machines as another problem faced by the farmers.
Stressing on the need for effective and efficient alternatives to stubble burning, Justice Masih said that certain equipment have been provided to the farmers from the money supplied by the Central government, which could be used as a substitute for stubble burning.
Efforts were needed to ensure that the equipment were actually used at ground level, he added.
Rajesh Verma, Chairman of the CAQM, who virtually attended the proceedings, apprised the Apex Court that he took charge only two weeks ago.
He said the Commission has held meetings with the Deputy Commissioners of the Districts of Punjab and Haryana where stubble-burning incidents were reported.
The Bench directed the CAQM to file a better compliance affidavit regarding the compliance of provisions of the Act, the recommendations of sub-committees, and the steps taken to enforce the provisions of the Act.
The top court of the country further sought details of the meetings of the sub-committees of the CAQM, which are specified in Section 11, and the decisions taken by them.
The Bench listed the matter for further hearing on October 3.
Earlier on December 13, 2023, the Apex Court had issued a slew of directions to improve air quality in the Delhi-NCR region. The Bench directed the States of Punjab and Haryana to comply with the Court orders, especially to curb stubble burning.