sc on delhi pollution
New Delhi, Dec. 2 -- The Supreme Court on Monday said it cannot "sit idle" when the air pollution "crisis" looms large over Delhi and the adjoining National Capital Region (NCR), directing the Commission for Air Quality Management (CAQM) to present an evaluation of the directives issued by the statutory body and their "real effect on the ground".
"This is an issue common to Delhi and the entire NCR. None of us can sit idle with an assumption that this problem or crisis will go away on its own. This issue cannot be wished away," observed a bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi, while stressing the urgency of a coordinated and accountable institutional response.
The bench noted that despite repeated plans and advisories issued over several years, outcomes remain negligible and the situation continues to deteriorate each winter. "What we can do is to provide a platform for experts and all stakeholders to come together, deliberate and decide on an actionable plan. If there is an actionable plan, we can direct the states to align with it," the bench said.
During an exchange with Additional Solicitor General (ASG) Aishwarya Bhati appearing for CAQM, the bench questioned why the action plans already in place had failed to produce meaningful results.
"Why don't you ask yourself why your action plans have not been able to change the situation on the ground meaningfully? Why don't you revisit your action plan to see why some of your metrics did not produce the desired result?" asked the bench, directing CAQM to submit a detailed assessment explaining which directives, such as curbs on construction, transport restrictions and measures against stubble burning, actually yielded proportionate improvement.
"There has to be an assessment. The action taken report should indicate areas where the normative instructions from CAQM produced real results.What results they produced. Some measures may have worked; others may not have been as effective as expected," the bench said.
The court also sought a scientific evaluation of the sector-wise contribution of different pollution sources -- stubble burning, construction dust, vehicular emissions and industrial discharge, and cautioned against reducing the discussion to political or emotional binaries.
"It could come easy to put the blame on farmers and stubble burning, but there are vehicular emissions and construction dust as well. Stubble burning cannot become an issue of politics or ego. Farmers need to be apprised and supported.
They should be informed that stubble can be used for various other purposes," the CJI remarked.
As reported by HT on December 1, the stubble-burning season, tracked from September 15 to November 30, ended on Sunday with only five fires detected across Punjab and Haryana. Data from the Indian Agricultural Research Institute shared with the Commission for Air Quality Management shows that farm fire counts have halved in both states compared to last year, easing their annual impact on Delhi's winter air quality.
During the Monday proceedings, the bench also reflected on behavioural responsibility, observing: "People should also come forward and consider giving up these SUV and high-end vehicles. Cities were not planned considering how exponential our development would be."
Senior advocate Aparajita Singh, who has been assisting the court as amicus curiae, flagged issues with AQI monitoring, saying many reports claimed that machines were malfunctioning and skewing data.
The court directed the Central Pollution Control Board (CPCB) to respond.
Reiterating that the matter can no longer be treated as a seasonal legal ritual, the CJI said that the court would hear the case twice a month and issue directions after CAQM files its report.
The next hearing is scheduled for December 10.
Monday's hearing comes days after CJI Kant commented that the judiciary does not possess a "magic wand" to cleanse Delhi's toxic air and that lasting solutions must emerge from domain experts and coordinated governmental planning rather than episodic litigation.
"The air pollution matter has become ceremonial. It comes up before Diwali and disappears as winter disappears. We have to hear it regularly now," he said last week while noting that many solutions remain on paper with no tangible improvement.
After Singh made a request for an urgent listing of the matter, Justice Kant observed that although many causes of pollution have been identified over time, a complete picture is still lacking and effective solutions can emerge only through expert assessments rather than judicial assumptions.
A day before, Delhi-NCR's suffocating air overshadowed multiple hearings in the Supreme Court, prompting CJI Kant to share his personal struggle with breathing difficulty after an evening walk and leading senior lawyers to request online appearances due to chest congestion and health complications.
Concluding the hearing on Monday, the CJI reiterated: "We would like to know how the measures taken until now have impacted mitigation efforts.
We would like to know the short-term measures that can be put in place. Long-term measures will be finalised only after discussion with all stakeholders and not by a handful of people sitting in their room."...
To read the full article or to get the complete feed from this publication, please
Contact Us.