Supreme Court seeks real-time data on pollution in Delhi

Supreme Court directs new BJP government to report on pollution control in Delhi, seeking real-time data on industrial emissions within two weeks.

Ahead of the Bharatiya Janata Party (BJP) government taking charge in Delhi, the Supreme Court on Thursday directed the new political dispensation to report compliance on curbing pollution caused by industrial waste burning and sought real-time data on polluting industries within two weeks.

The Supreme Court. (ANI)

A bench headed by justice Abhay S Oka, hearing a PIL by lawyer-activist MC Mehta on Delhi’s air pollution, was informed that political hostilities may subside now with the BJP ruling both at the Centre and Delhi.

The bench, also comprising justice Ujjal Bhuyan said, “They won’t be fighting, but that does not mean they will be proactive.”

Taking up a note on industrial pollution in the National Capital Region (NCR) prepared by the Commission for Air Quality Management (CAQM), the court found that the Delhi government had yet to respond to the targeted action plan.

The bench said, “Having a portal for real-time monitoring of pollution is critical. We want to know how data is being collected and how it is operated on real-time basis.”

Additional solicitor general (ASG) Aishwarya Bhati, appearing for CAQM and the Centre, said that the panel is for online reporting of industrial emissions, but the system was still being developed.

CAQM highlighted that under its action plan, a certification system for continuous emission monitoring was to be implemented by March 31, 2023, by the Central Pollution Control Board (CPCB) and state pollution control boards.

Senior advocate Aparajita Singh, assisting the court as amicus curiae, emphasised the need to calibrate data-collecting machines for real-time monitoring. She also flagged poor compliance with CAQM’s orders on preventing industrial waste burning.

ASG Bhati said that the action plan had fixed a zero-burning target for Delhi-NCR to be achieved by September 2022. “It is a serious issue. The Delhi-NCR states were required to prepare elaborate plans for management of industrial waste and have flying squads to enforce it by conducting surprise checks,” Bhati said.

She added that industrial fuel conversion to piped natural gas (PNG) was complete in Delhi, with 1,923 of 2,047 industrial units using PNG and the rest running on electricity. However, in NCR states, PNG adoption remained low, with industries relying on biomass and other fuels.

While biomass pellets made of paddy straw is employed in NCR industries as part of CAQM’s ex-situ management of stubble burning, Bhati said that in Delhi, last-mile pipeline connectivity is feasible compared to NCR towns.

The court said, “If PNG is the best in terms of achieving least pollution, it should be available to entire NCR.” It was of the view that Delhi alone should not get priority when it comes to tackling pollution. The bench said, “CAQM has been formed under the Environment Protection Act. Today you have penal provisions to enforce your decisions against violators. This must be extended to other cities. The Capital should not get priority treatment. Consider replicating CAQM for other cities as well as surely pollution cannot be confined only to Delhi.”

Bhati pointed out that Delhi’s air quality had improved and urged the court to reconsider its November order requiring CAQM to seek permission before lifting Stage 3 restrictions under the Graded Response Action Plan (Grap). This order was passed after the court had criticised the commission for not taking remedial measures by imposing emergency measures under Grap Stage 4 (when AQI exceeds 450) which involves serious curbs on construction, offices, schools, and movement of traffic entering Delhi.

The court agreed to take up the matter on Monday. It directed CAQM to submit a chart on the recorded AQI levels and said, “We will consider it on the next date. It all depends on how long this air quality is maintained.”

Under the emergency measure of Grap, Stage 1 kicks in when air quality dips to ‘poor’ level (201-300 AQI) and Stage 2 corresponding to ‘very poor’ (301-400). In all, there are four categories of Grap emergency measures with Stage 3 corresponding to severe air pollution (401-450) and severe plus (beyond 450).

While passing the order in November, pollution peaked in Delhi to hazardous levels. The top court had revised Grap measures as it directed CAQM to impose Grap Stage 3 when AQI goes above 350 and Stage 4 measures when it breaches 400.