The Supreme Court was told that large-scale stubble burning in Punjab and Haryana has worsened Delhi-NCR’s air quality, violating earlier court orders. CJI B R Gavai said the bench will issue fresh directions on Wednesday.
New Delhi: The Supreme Court of India was informed on Tuesday that stubble burning has started again on a large scale in Punjab and Haryana, worsening the already poor air quality in Delhi and the National Capital Region (NCR).
The issue was raised before a bench led by Chief Justice B R Gavai, which is set to hear the air pollution case on Wednesday.
Senior advocate Aprajita Singh, who is assisting the court as amicus curiae, urged the bench to seek an immediate response from the governments of Punjab and Haryana.
She said that NASA satellite images clearly show that stubble burning in these two states has resumed and is adding to the rising pollution levels in Delhi-NCR.
Singh told the bench that
“the apex court orders are being flouted with impunity”,
and added that these states must explain the current situation. In response, the Chief Justice said,
“We will pass some orders on Wednesday.”
Earlier, on November 3, the Supreme Court had directed the Commission for Air Quality Management (CAQM) to submit an affidavit explaining the steps taken to prevent pollution levels in Delhi-NCR from getting worse.
The bench, which also includes Justice K Vinod Chandran, is hearing the M C Mehta case concerning air pollution in the capital region.
During that hearing, the court had stressed that authorities should act proactively instead of waiting for pollution levels to reach a “severe” stage.
Aprajita Singh, acting as amicus curiae, also drew attention to reports showing that several air quality monitoring stations in Delhi were not functioning properly during Diwali.
She said,
“There are newspapers after newspapers saying that monitoring stations are non-functional. If the monitoring stations are not even functioning, we don’t even know when to implement GRAP (graded response action plan)… Out of 37 monitoring stations, only nine were functioning continuously on the day of Diwali.”
She further requested the court to ensure that the CAQM submits clear data and an action plan to deal with the rising pollution.
Singh reminded the bench that earlier court orders had stressed the need for pre-emptive measures rather than reactive steps after pollution worsens.
Following this, the bench noted in its order that,
“The CAQM is required to place on record an affidavit as to what steps are proposed to be taken to prevent the pollution from turning severe.”
During the hearing, the counsel for the CAQM told the court that the Central Pollution Control Board (CPCB) is responsible for monitoring air quality data. However, Additional Solicitor General Aishwarya Bhati assured the bench that the concerned agencies will file the required report soon.
Earlier, on October 15, the same bench led by Chief Justice Gavai had allowed the sale and bursting of green firecrackers in Delhi-NCR during Diwali, but with strict conditions to maintain a balance between tradition and environmental health.
The court made it clear that the use of green crackers will be limited to specific hours on Diwali and a day before. The sale of green crackers was allowed only from October 18 to 20.
The court also clarified that the relaxation was only on a
“test case basis and it shall be only for the period specified.”
Importantly, the bench had directed that,
“The Central Pollution Control Board, in consultation with the State Pollution Control Boards and their respective regional offices within the districts coming under the NCR, shall monitor the air quality index in their respective jurisdictions starting from October 14, till October 25 and file a report before this court, specifying the air quality of each day indicated hereinabove…”
Additionally, the court ordered that,
“Along with such monitoring, the Regional Offices of the State Pollution Control Boards shall also take samples of sand and water from sites with more density of use for analysis.”
The Supreme Court’s continuous monitoring of Delhi-NCR’s air quality shows its serious concern over rising pollution, especially due to stubble burning, non-functional monitoring systems, and inadequate preventive action by authorities.
The court is expected to issue further directions on Wednesday to address the worsening situation.
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