"Harsh Reality That Nothing Is Happening": Top Court On Delhi Air Pollution

The harsh reality is that nothing substantial was being done to address the air pollution problem choking Delhi every year, the Supreme Court said today. The court said no one wants to prosecute those violating orders of the Commission for Air Quality Management, tasked with tackling air pollution in the national capital.

"Everybody knows that except discussion nothing is happening. That is the harsh reality of this," Justice AS Oka said. The bench also comprised Justice A Amanullah and Justice AG Masih.

Last week, the court had asked the CAQM to file an affidavit, detailing the steps it had taken to combat stubble burning, among the key reasons behind Delhi's bad air days.

As Additional Solicitor General Aiswarya Bhati took the court through the composition of the panel, Justice Oka noted that the committee met only thrice in the past nine months and there was no discussion on stubble burning at all.

"The last meeting was on August 29. Entire September, there was no meeting. You said that this committee consists of IPS officers etc who will enforce the directions. Now not a single meeting has been held after August 29 when it comes to enforcement," Justice Oka said.

Justice Amanullah asked why 11 members skilled a meeting of a sub-committee on safeguarding and enforcement. "Is this the seriousness which is being shown?"

Justice Oka said only some meetings were being held. "Where is the implementation on the grassroots level of your orders? Unless there is prosecution, nobody is going to bother about it," the court noted.

When the government's counsel replied that they had registered FIRs under the section relating to disobedience of orders of a public servant, the court replied, "You have taken the softest provision that is there to prosecute. There is Section 14 of CAQM Act, Section 15 of the Environmental Protection Act which has drastic powers." The government counsel said they did not take drastic measures because the air pollution levels had come down.

"You must implement your own orders. This is all in the air. There are targets, action plans, sectoral meetings but the basic provisions of the Act are not be implemented at all. In 2024, there are 129 cases of stubble burning, why action has not been taken against these people? Why Section 15 of the Environmental Protection Act is not invoked and why the corresponding action is not taken against the officers of the government?" Justice Oka asked.

The court noted that nominal compensation had been imposed on those found to be burning crop stubble. "Holding meetings will not serve any purpose unless at the grassroots level, you show that action has been taken."

The discussion then shifted to machines that can be used to remove crop stubble so that the fields are not set afire. The Punjab government's lawyer submitted, "The problem is the machine is available, it is being given free of cost to the farmer who wants to use it. The farmer is not being able to use it because 70 per cent of farmers in Punjab have less than 10 acres of land. (He) will have to employ a driver and use diesel in that machine which they are not willing to do." The state proposed that the farmers be provided the cost of running these machines.

The court then said, "So you are trying to tell us that we will do nothing unless we get money from the central government of India? Unless penal action starts at the grassroots level, this issue will not be resolved... There is no fear. Machines are there but they are not going to use the machines. It is as simple as that."