The Supreme Court, on Tuesday (September 24), seeks response from the Commission for Air Quality Management regarding the issue of stubble burning in the Delhi NCR region.

Senior Advocate Aparajita Singh, acting as amicus curiae, brought the matter to the attention of the bench comprising Justice Abhay Oka and Justice Augustine George Masih, referencing a newspaper report indicating that stubble burning has already commenced.

Last year, the Court emphasized the necessity of controlling stubble burning, underscoring the importance of judicial monitoring to prevent a recurrence of similar situations in the upcoming winter.

She requested the Court to direct the Commission for Air Quality Management (CAQM) to provide an explanation for the early onset of stubble burning. Additionally, she sought instructions for the CAQM regarding the measures taken to hold responsible officials accountable under Section 14 of the CAQM Act. This section stipulates penalties for non-compliance with the provisions, rules, and orders issued by the CAQM.

Justice Oka instructed ASG Aishwarya Bhati, “We want an answer to this by Friday.” The Court observed that the MC Mehta v. Union of India case, referenced by Singh, is scheduled for a hearing on Friday. In this case, the Court is addressing matters concerning pollution and air quality in the Delhi-NCR region.

This comes amid ongoing proceedings in various MC Mehta cases, where the Supreme Court has been tackling pollution issues in the NCR. The region often faces increased pollution during winter, largely attributed to stubble burning in neighboring states. The Supreme Court has been actively monitoring the situation, with the CAQM previously submitting reports identifying stubble burning as a significant contributor to pollution.

On December 13 of last year, the Supreme Court issued directives to enhance air quality in the NCR, reiterating that stubble burning must stop and instructing the states of Punjab and Haryana to adhere to the Court's orders.

Last year, the Court also directed Punjab, Haryana, Uttar Pradesh, Rajasthan, and Delhi to present measures to tackle air pollution, especially concerning stubble burning. On November 7, the Court admonished these states for failing to effectively address the issue and ordered local police and officials to enforce the ban on stubble burning.

During the December hearing, the Court underscored the importance of continuous monitoring and directed the governments of Haryana and Punjab to implement the action plan formulated by a committee led by the Cabinet Secretary. This plan is designed to reduce stubble burning and improve air quality management in the upcoming winters.

On August 27 of this year, the Court direct the Chairperson of the CAQM to outline the Commission's strategy for addressing pollution, particularly in relation to stubble burning.

The Court also pointed out that the Pollution Control Boards (PCBs) were ineffective due to a substantial number of unfilled positions. It sought clarification on the steps the CAQM plans to take under the provisions of the CAQM Act, including establishing a framework for identifying pollutants, enforcing pollution control measures, and coordinating efforts among various stakeholders.

The Court ordered that all vacancies in the State Pollution Control Boards (PCBs) across the NCR states must be filled by April 30, 2025. It stressed the urgency of these appointments, cautioning that no extensions would be allowed beyond this deadline. Rajasthan, Punjab, Delhi, Uttar Pradesh, and Haryana were instructed to prioritize filling these vacancies within a two-month timeframe.

During the August 27 hearing, Singh expressed concerns about stubble burning significantly impacting air quality in the NCR. Justice Oka commented that the situation was critical, noting that many authorities were non-functional due to a high number of vacancies.