The Supreme Court came down heavily on the central air quality panel on Friday for not taking adequate steps to monitor the air quality and curb pollution in the national capital region. The Commission for Air Quality Management (CAQM) has not performed or served its purpose, a bench of Justices Abhay S Oka and AG Masih said in a series of tough observations as Delhi and its surrounding areas approach pollution season.
"There has been total non-compliance of the Act. Have committees been constituted? Please show us a single step taken, which directions have you used under the Act? Just see the affidavit. Show us a single direction issued under S 12 and others," said Justice Oka.
"It is all in the air, nothing they have showed as to what they have said to the NCR States," he added.
Towards the end of the hearing, the bench noted that it cannot be said that the CAQM did not take any action, but they did not perform the way they were expected to.
Come winter, the NCR plunges into a severe air quality crisis every year, with stubble burn in the neighbouring states of Haryana and Punjab among the major contributors.
On being informed by CAQM chairman Rajesh Verma that they meet once in three months, the court sought to know if that's enough, if decisions taken by them have helped in solving problems, and if incidents of stubble burning are coming down.
The top court also asked the chairman what action has been taken against erring officials. Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said that the chairman had joined only two weeks ago.
The CAQM chairman also informed that meetings were held with the officials and pollution board of Punjab and Haryana, and they have issued warnings to their chief secretaries.
Senior advocate Aprajita Singh, assisting the court as amicus curiae, said if their law was being violated, they have the authority to take action. "But they are being silent spectators," the court observed.
Ms Singh said thousands of crores were offered to the farmers for equipment to help stop stubble burning. "In 2017, we thought it would help stop, but it has not and that is why the CAQM has come today and now some officer has to be held responsible," she said.
The court said efforts must be taken to ensure the use of stubble-burning alternatives at the grassroots level.
"One of the duties is to work with NCR States and it (CAQM) has vast powers conferred including closure of polluting units. We are of the view that though the 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," said the court.
It also asked the CAQM to submit the details of their meetings and a better compliance report.
The matter will be heard again next Thursday.
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