Today, On 11th December, The Punjab and Haryana High Court refused to entertain a Public Interest Litigation (PIL) related to stubble burning, citing the pendency of a similar case before the Supreme Court. The court emphasized the need to avoid conflicting opinions between two courts on the same issue. It stated, “There can be a difference of opinion between two courts, which should be avoided.” The matter remains under the Supreme Court’s consideration.
The Punjab and Haryana High Court declined to hear a Public Interest Litigation (PIL) aimed at implementing measures to reduce stubble burning in Punjab and Haryana.
The bench, consisting of Chief Justice Sheel Nagu and Justice Anil Kshetarpal, noted that the Supreme Court is already addressing air pollution issues and monitoring efforts to combat stubble burning.
The bench stated,
“The petitioner is free to raise his grievance before the apex court by adopting the right procedure. With the aforesaid liberty, this Court declines interference on merits and disposes of the petition,”
Advocate Mandeep Singh Vinaik, representing the petitioners, argued that the PIL focused on a localized issue, while the Supreme Court was not examining specific concerns.
He expressed,
“What really is happening is a crisis of such proportions that it puts nuclear disasters to shame… this is a very specific petition on a specific and narrow scope. Hence, my humble request to this Court to deal with this matter on this limited scope.”
However, Additional Solicitor General Satyapal Jain and Additional Advocate General of Haryana Deepak Balyan pointed out that the matter is already pending before the Supreme Court in the MC Mehta case.
The High Court was informed that the Supreme Court has scheduled a hearing on this issue for Thursday.
When the petitioners’ counsel pressed for the issuance of notice regarding the PIL, the court remarked,
“Why should there be a difference of opinion? There can be a difference of opinion between two courts, that should be avoided.”
Ultimately, the court disposed of the PIL while allowing the petitioners the option to approach the Supreme Court regarding the ongoing matter.
The PIL filed by Arun Duggal, Rajiv Kumar Vij, and Rajan Mehta, who contend that stubble burning in Punjab and Haryana significantly contributes to the deteriorating air quality in the region and surrounding states.
Notably, the Supreme Court has taken strong notice of stubble burning incidents while addressing air pollution in Delhi. In October, it summoned the Chief Secretaries of both states after expressing discontent over the lack of effective legal action against stubble burning. On November 28, the apex court reiterated its commitment to thoroughly investigate air pollution issues with the aim of finding a long-term solution to the crisis.
Stubble burning is a common agricultural practice in Punjab and Haryana, where farmers incinerate crop residue, mainly after harvesting rice, to ready their fields for the subsequent sowing season. This method greatly contributes to air pollution in northern India, leading to serious health risks and environmental harm. Despite various government initiatives and technological solutions, numerous farmers persist with this practice due to economic pressures and the absence of viable alternatives.
Tackling this issue necessitates a cooperative effort that includes subsidies, educational programs, and the promotion of sustainable farming methods.
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