The Supreme Court on Monday said it’s unfortunate while expressing displeasure over not taking emergent measures to curb air pollution and directed the Centre and the states to convene an executive meeting and implement a plan to curb air pollution by tomorrow evening.
Chief Justice N.V. Ramana said, “We have pointed out major causes of pollution and to curb it, you have to concentrate on construction activities, industry, dust pollution, entry of trucks, stubble burning, work from home.”
“Your executives may convene a meeting. Let them meet, how to implement the plan by tomorrow evening. How to stop vehicles into Delhi? Delhi Government has taken some decision to work from home. The Centre also could take similar measures. Discuss and come tomorrow evening or on day after tomorrow,”
-the CJI directed.
The bench noted that the commission under the act has not indicated what steps will be taken to control the pollution-causing elements.
The Special Bench, which also comprised Justices D.Y. Chandrachud and Surya Kant, noted that, “Major cause of pollution are construction activities, industry, vehicular pollution, dust and stubble burning to some extent. In the affidavit filed by Centre and State Government, the steps don’t mention how to control pollution.”
It directed, “The Centre to call emergency meeting tomorrow to check the areas we have mentioned and what should be done to control the air pollution.”
Further the bench noted, “It seems that stubble burning taking place in Haryana, Punjab and State of Uttar Pradesh, they should pursue farmers not to do stubble burning for couple of weeks. The Centre should encourage work from home for its employees. The secretaries of Punjab, Haryana and UP should attend the meeting. List the matter day after tomorrow,” directed the bench.
The bench was hearing the plea filed by 17-year-old Delhi student Aditya Dubey concerning rising levels of air pollution in Delhi. During the hearing today, Senior Advocate Vikas Singh, appearing for the petitioner, asked the Court to appoint a independent committee to look into the issue of stubble burning. “In Punjab, all matter of stubble burning not reported,” he said as the elections are nearby.
CJI rejected his claim and asked whether you want to argue or not, it has nothing to do with elections. “Why you concern with the elections,” asked the CJI.
Vikas Singh: “We are suggesting, I want to flag some issues. That construction should be regulated rather than banned.”
CJI: “Okay.”
J Surya Kant: “Is this your suggestion or Delhi Govt suggestion?”
Singh: “I am not saying appoint a Supreme Court judge but appoint an independent commission.”
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J Chandrachud:
“We are in the middle of a crisis. The Government of India has filed a comprehensive affidavit. We have to focus on that what has been done by the Government. Strengthen those activities. Comprehensive steps have been taken. Let SG say, what he has to say.”
Solicitor General Tushar Mehta apprised the Court of the affidavit filed by the Centre. “Union of India has taken several initiatives for improvement in air quality in the National Capital Region and adjoining areas. The legislature enacted the commission of air quality management in the National Capital Region and Adjoining Areas Act, 2021,” he submitted.
He further submitted the contributing factors to rise in air pollution are dust management, industrial pollution, agricultural stubble burning, vehicular pollution, burning of biomass/municipal solid waste causing pollution and fire in sanitary landfill sites, bursting of firecrackers, and unfavourable meteorological conditions in Delhi NCR region particularly during the winter season.”
Stubble burning is not major factor, it’s contributing only 10 percent, says Centre
SG Tushar Mehta submitted that stubble burning is not the major cause of pollution as it’s only contributing 10 percent to air pollution.
“State and its agencies should be ready with its emergent measures. Road Dust is also contributing factor. It’s proper cleaning needed. Brick Kiln should be closed during the Winter session. Intensified the Bus services. Every Govt is doing it’s best,” he said.
Justice Surya Kant said,
“The CJI had said the situation is emergent. Now suggestions that we see are only long-term. What about the current measures? How many road cleaning machines you have procured? This seems to be a long-term measure. Can the state afford the cost of machinery?”
SG replied, “We are not averse to any drastic measures.”
The bench: “What are the scientifically proven drastic measures?”
SG apprised the Court that three drastic steps would be the introduction of an odd-even scheme that govt can implement, banning the entry or trucks in Delhi and the severest will be lockdown.
Justice Surya Kant asked, “Are you agreeing in principle that stubble burning is not the major cause and hue and cry has no scientific basis? Why not apply ban on entry of all vehicles to and from Delhi?
Justice Chandrachud said: “As per your scientific study, the 75 percent pollution is due to three factors: Dust, pollution, transport. What concrete measures you have taken to control this? Tell us by November 17.”
CJI said, “In last hearing we mentioned that stubble burning is not the issue but the industry, construction, vehicles pollution, dust and transport are the major issues too.”
Are 69 road cleaning machines sufficient for Delhi, asks Supreme Court
The SG submitted that 69 road cleaning machines have been procured.
Justice Surya Kant: “How many more machines needed? Their (Delhi Govt) affidavit only blames stubble burning as the major cause of air pollution.”
Sr Adv Rahul Mehra for Delhi Govt: “No, no Milords.”
Justice Chandrachud: “Now the cat is out of the bag. We are targeting an insignificant source of pollution here.”
Senior Advocate Vikas Singh: “The stubble burning is one of the major issue.”
CJI asked to Rahul Mehra: “Are 69 road cleaning machines enough for Delhi?”
Rahul Mehra replied that Municipal Commissioner placed a target affidavit, it’s the Municipal Corporation.
At this stage, the Court lamented Delhi Govt for taking stand against the Municipal Corporation. The CJI said, “You are passing the buck to the municipal corporation.”
“It compels us to take a exercise to appoint a committee to check how much tax you are collecting and spending on advertisements and campaigning. Instead of taking emergent measure for people of Delhi,” said Justice Surya Kant.
Justice DY Chandrachud said to Mehra: “In what best possible manner, can you augment machines in Delhi?”
Rahul Mehra sought time to speak to Principal Secretary to take instructions. After taking instructions, he apprised the Court that at present Municipal Corporation have 69 machines, and if there is more to be procured than the Delhi Govt can provide funds to the same. Three step categorically done…
CJI: “Yes, it’s good you have taken.” SG Mehta also complemented those steps.
The Supreme Court had earlier suggested the Delhi Govt & the Centre to take “emergent measures” including imposition of lockdown to immediately control the increasing air pollution that deteriorated Air Quality.
The matter would now be heard on November 17, 2021.
Read order below
20994_2020_31_301_31407_Order_15-Nov-2021