SC Criticizes CAQM for Inaction on Delhi-NCR Pollution Control

SC Criticizes CAQM for Inaction on Delhi-NCR Pollution Control

The Supreme Court on Friday reprimanded the Commission for Air Quality Management (CAQM) for not taking sufficient measures to control pollution in Delhi and its surrounding regions.

A Bench comprising Justices Abhay S Oka and Augustine George Masih acknowledged that while some actions had been initiated by the panel, they failed to meet the Court's expectations, especially considering the extensive authority vested in the commission, including the ability to shut down polluting units.

"We cannot say that commission has not taken any action but Amicus is right in saying that it has not performed the way it was expected to ... We are of the view that though Commission has taken certain steps, the Commission needs to be more active and must ensure that its efforts and directions actually translate into reducing the problem of pollution," the Court said.

The Court further noted that the CAQM may not be convening enough meetings and is issuing only a limited number of directives to address violations of environmental regulations.

"The Chairperson present today through VC (says) that 3 sub committees are holding only 1 meeting every 3 months. They have been assigned important tasks. We wonder how they are performing those tasks by meeting only once in three months!" the Court said.

The Court also reiterated the need to put an end to stubble burning, identified as a key contributor to pollution and deteriorating air quality in Delhi. Stubble burning involves farmers setting fire to leftover straw stubble after harvesting crops like wheat and paddy, as a quick and cost-effective method to prepare fields for the next planting season. However, this practice significantly reduces air quality. The Court emphasized that in order to eliminate stubble burning, practical alternatives must be effectively implemented at the ground level.
 
"Efforts needs to be taken to make sure that use of stubble burning alternative equipment are used at grassroots level," the Court said.
 
The Supreme Court was hearing a case related to air pollution in Delhi. Recently, it had asked the CAQM to provide an explanation regarding the actions being taken against those violating stubble-burning restrictions across the country. Amicus Curiae and Senior Advocate Aparajita Singh submitted during the hearing that the air quality panel's efforts to address the issue were insufficient.
 
"What effective action are they taking? ... If it is still continuing year after year, then these are not answers," she said.

Additional Solicitor General Aishwarya Bhati, representing the CAQM and the Central government, informed the Court that the commission has been making significant efforts to address environmental lapses. However, the Court remained unconvinced and directed the CAQM to submit a more comprehensive affidavit by the next hearing on October 3.

"We would like to know from the commission about the subcommittee meetings and decisions issued thereunder. It must ensure that the equipment to avoid stubble burning are actually used by the farmers," the Court said.

The Court further stated that additional issues raised by the amicus would be reviewed during another hearing on October 18.

In the same case, a previous Bench of the Supreme Court had urged all stakeholders to work together to combat air pollution and stubble burning in Punjab, Haryana, Delhi, and Uttar Pradesh, with the aim of improving air quality in these states during the upcoming winter. 

In November 2023, the Court had firmly suggested that stubble burning should be entirely banned, noting that measures like the odd-even vehicle scheme introduced by the AAP-led Delhi government to combat pollution were largely symbolic. The Court also criticized the Delhi government for delays in implementing the Regional Rapid Transit System (RRTS) projects, which are promoted as an environmentally friendly transportation option.

Additionally, the Court remarked that prosecuting farmers for burning stubble is not an effective solution to air pollution. Instead, it suggested that the government consider withholding minimum support prices (MSP) from farmers who engage in the practice.

 

 

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