Clarify on paddy straw pollution, cost of pellet-making units: HC

The Punjab and Haryana High Court has made its intent clear to consider whether the burning of paddy stock in Punjab’s agricultural fields generates more pollution than using paddy straw pellets in brick-kilns. The court is set to address the critical environmental issue as it hears a bunch of petition concerning the adverse effects of paddy burning and potential alternatives.

“After hearing counsel for the rival parties for a while, the issue that has cropped up is as to whether the burning of huge paddy stocks available in the agricultural fields in the State of Punjab is causing more pollution or whether burning the paddy straw pellets in brick-kilns will cause more pollution,” the Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal asserted.

Key Question

After hearing counsel for the rival parties for a while, the issue that has cropped up is as to whether the burning of huge paddy stocks available in the agricultural fields in the State of Punjab are causing more pollution or whether burning the paddy straw pellets in brick-kilns will cause more pollution. Division Bench of Punjab & Haryana High Court

Senior counsel for one of the petitioners DS Patwalia also agreed to submit a detailed cost estimate for setting up paddy pelletisation units before the next hearing. The case has been adjourned to November 14 for further deliberation.

In a petition filed through Patwalia, along with advocates Kannan Malik, Gauravjit Patwalia, Lagan Kaur Sidhu and Alisha Sharda, the Punjab Brick Kiln Owners Association was seeking directions to the State of Punjab and other respondents to allow it to comply with the provisions of the Environment Amendment Rules 2022 that granted discretion to all brick-kiln owners to use coal as approved fuel and not restrict the usage of any approved fuel. The petitioner contended the State of Punjab miserably failed to interpret the 2022 rules while issuing notification dated November 4, 2022. It was “in teeth of the 2022 rules” and could not be given effect till the same were in existence.

“There is no enabling provision under 2022 rules to empower the State Pollution Control Board and the state government to impose a set of approved fuels upon brick-kilns. On the other hand, the 2022 rules provide discretion to brick-kiln owners to use any type of the approved fuel as enumerated under it,” the Bench was told.