SC seeks reports from Delhi, NCR states on controlling pollution
Seeking a status report on implementation of CAQM’s directives from all the state governments by Wednesday, a bench headed by CJI NV Ramana said that the top court would consider setting up a task force to monitor and enforce execution if states fail to carry out the task.
The Supreme Court on Monday directed the state governments of Delhi, Haryana, Uttar Pradesh, Rajasthan and Punjab to enforce all 52 directions issued by the Commission for Air Quality Management (CAQM) for controlling air pollution in Delhi-NCR, lamenting that implementation of the pollution control measures seems to be “zero” across the states.
Seeking a status report on implementation of CAQM’s directives from all the state governments by Wednesday, a bench headed by Chief Justice of India NV Ramana further observed that the top court would consider setting up a task force to monitor and enforce execution if states fail to carry out the task.
“All intentions are good and directions are given but the implementation is zero. The issue is to implement the directions. There is no use sending someone to jail or imposing a fine. There has to be implementation. If they (states) don’t implement despite repeated instructions, we won’t have any option but to create a task force,” the bench, which also comprised justices Dhananjaya Y Chandrachud and Surya Kant, said.
CAQM’s 52 directions include directives on controlling dust due to construction related activities, a ban on stubble burning, seizure of old vehicles, reduction of industrial pollution and pollution from thermal power plants, dust control from road and open areas, and a clampdown on open biomass burning.
Representing the Centre as well as CAQM for Delhi-NCR and Adjoining Areas, solicitor general Tushar Mehta submitted that the Commission has been repeatedly interacting with the states. “There are states which have complied partially. That gap between the directions and implementation needs to be reduced. The only thing that we have not done is to initiate criminal proceedings. But we have now started personal visits and inspections too,” added Mehta.
The CJI replied: “That’s the right thing to do. Nobody wants to implement. You identify states that have not been implementing the directions. We will also ask the states about steps taken by them and the reasons for not taking certain measures...otherwise, we will be forced to set up an independent task force.”
It also asked Mehta about the nature of the orders issued by the Commission while asking if the CAQM had only been forwarding to states orders issued by the apex court.
The S-G replied that there were as many as 52 directions issued by the Commission over a period of time after identifying major sources of pollution -- industrial pollution, vehicular pollution, agricultural stubble burning, dust from construction related activities, road and open areas dust and biomass burning, municipal solid waste burning and fires in sanitary landfills.
Mehta emphasised that the Commission was holding deliberations with representatives of the state governments at regular intervals and that the court may seek reports on compliance from the state governments.
“Therefore, your argument is that the Commission is working and giving directions in spite of which some states have not complied and that you cannot do anything unless they comply. So, we will ask the states what they have done,” commented the bench, adjourning the case to Thursday.
During the proceedings, the bench also asked the S-G to examine certain “inconsistencies” in the directions passed by CAQM with respect to different states. It pointed out that there are directions on dust management to certain areas in the adjoining states of Delhi whereas the construction itself has been banned in the national capital. “Should we take that there is do direction to stop construction as far as adjoining areas in NCR is concerned?” asked the bench. Mehta said he would come back with instructions on the next date of hearing.
Meanwhile, senior advocate Vikas Singh, who appeared for the 17-year-old petitioner, Aditya Dubey, complained that despite the court-directed ban on construction activities in Delhi-NCR, the redevelopment project of Central Vista is going on in full swing. “Central Vista cannot be more important than the lives of the people of this country. It is going on unabated. I can play videos to show how much of dust is there,” contended Singh.
The CJI replied: “We are now hearing how to control pollution. We are not on any specific project or issue. Don’t let the main issue get diverted. Mr Mehta will have to answer everything; whether it is Central Vista or any other project.”
The court then asked the S-G to take instructions on the issues raised by Singh and submit a response before the next date.
The bench further asked the counsel for the states of Delhi, UP, Haryana, Punjab and Haryana to file a report on their compliance with the directions issued by CAQM latest by Wednesday evening. “Don’t treat us as a post office. The S-G has pointed out some issues and all of you have to respond,” it told the states’ lawyers.
Addressing the issue of crop residue, senior advocate DS Patwalia, appearing for the Punjab government, submitted that Gujarat and Rajasthan governments have shown interest in procuring this from Punjab but transportation cost remains the bone of contention. “Huge transportation cost is involved and neither the Punjab government nor the Gujarat government is willing to take this burden completely. We think some assistance from the Centre could help,” he added.
Responding, the S-G said that he had a meeting with the Union environment minister a day ago and “something is in contemplation” regarding this issue as well.
On November 24, the top court revived the ban on construction activities in Delhi-NCR while allowing sone ancillary non-polluting works like plumbing and electrical fitting.
The ban on construction activities in NCR was lifted on November 22 in view of the improved air quality. The top court, however, decided to reinforce the prohibition till its further orders and directed the state governments of Delhi, Haryana, Punjab and Uttar Pradesh to utilise the corpus of labour cess for paying wages to the construction workers during suspension of activities.
It said controlling pollution in the national capital should not be left to “an act of God” while directing the Union government to instead devise a scientific model, based on seasons and wind conditions, for taking all remedial and urgent steps in anticipation of the air quality.
In its affidavit filed on Monday morning, the Commission informed the court that it has constituted an ‘Expert Group’ having domain knowledge and data in the field of meteorological conditions impacting air quality, statistical modelling besides historical scientific data on air quality related parameters in Delhi-NCR.
This panel will conduct a scientific study of air quality based on available data of previous years bearing upon recorded levels of air pollution duly factoring in the seasonal variations and other relevant parameters. “In view of extreme urgency of the matter, the expert group has been asked to immediately convene its meeting and draw a road map for accomplishment of the assigned tasks as per the terms of reference,” stated the affidavit.
The terms of reference included formulation of statistical and dynamic predictive models to forecast air quality levels with seasonal variations, meteorological conditions and other relevant parameters; recommending benchmarks for various adverse quality categories in relation to AQI and firming up a decision support system for emergency response actions for mitigating adverse air quality.
Stay updated with all top Cities including, Bengaluru, Delhi, Mumbai and more across India. Stay informed on the latest happenings in World News