The court highlighted that 55 per cent posts in the Delhi Pollution Control Committee are still vacant, and said that it was “shocking that the body was virtually defunct”.
New Delhi, May 8: The Supreme Court of India has strongly criticised the governments of Delhi, Uttar Pradesh, Haryana, and Rajasthan for not filling important vacancies in their pollution control boards. The court said the situation is a “sorry state of affairs” and warned the states of legal action for not following earlier court orders.
A bench consisting of Justice Abhay S Oka and Justice Ujjal Bhuyan issued contempt notices to the Chief Secretaries of the four states for not complying with the Supreme Court’s earlier direction.
In August 2024, the court had clearly ordered that all vacant posts in the state pollution control boards must be filled by April 30, 2025. However, the states failed to follow this order.
The court highlighted that 55 per cent posts in the Delhi Pollution Control Committee are still vacant, and said that it was “shocking that the body was virtually defunct“.
Seeing this serious violation, the top court asked the Chief Secretaries of the four states to explain why they should not be punished under the Contempt of Courts Act, 1971, for not complying with the court’s clear instructions.
The court said, “It is a sorry state of affairs“, while expressing displeasure.
The Supreme Court issued the following directions:
- The Chief Secretary of Delhi must personally appear before the court on May 19.
- The Chief Secretaries of Uttar Pradesh, Haryana, and Rajasthan must attend the hearing virtually on July 18.
The court stressed that the failure to fill these important posts is affecting the functioning of pollution control bodies that are essential for protecting the environment and public health.
Earlier, in August 2024, the Supreme Court had passed a firm order giving the states time until April 30, 2025, to fill the vacant posts. The Supreme Court of India, in its order dated August 27, 2024, in the case of M.C. Mehta v. Union of India & Ors. (Writ Petition (Civil) No. 13029/1985), directed the states of Rajasthan, Punjab, National Capital Territory (NCT) of Delhi, Uttar Pradesh, and Haryana to urgently fill the vacant posts in their respective State Pollution Control Boards (SPCBs)
However, the bench noted that the order was ignored.
The top court said, “It is shocking that the body was virtually defunct“, referring to the poor state of the Delhi Pollution Control Committee. This shows how serious the issue has become, with pollution control boards unable to function properly due to a lack of staff.
Furthermore, the Court directed the Chairperson of the Commission for Air Quality Management (CAQM) to appear via video conference on the next date of hearing to explain the steps the Commission proposed to take in addressing the issue. The Chairperson was also asked to address the Court on steps taken under Section 12(6)(c) of the CAQM Act, which outlines the Commission’s duties related to air pollution control in the NCR and adjoining areas.
