Silent spectators: Supreme Court raps air quality panel over NCR pollution

The Supreme Court on Friday pulled up the Commission of Air Quality Management (CAQM) for its failure to curb air pollution in the National Capital Region (NCR) due to stubble burning by farmers in Punjab and Haryana.

“Not a single committee has been formed to tackle the issue. Every year, we witness stubble burning, indicating total non-compliance of the CAQM Act. Have any committees been constituted? Show us one step taken. What directions have you utilised under the Act? You are merely silent spectators,” a Bench led by Justice Abhay S Oka said.

Total non-compliance

Every year, we witness stubble burning, indicating non-compliance with the CAQM Act...You are merely silent spectators. SC Bench

The Bench, which also included Justice Augustine George Masih, asked the commission to work proactively after its chairman Rajesh Verma, who appeared through video-conferencing, said three sub-committees had been convening one meeting every three months.

“We wonder how it (commission) can effectively perform its tasks with such infrequent meetings,” Justice Oka said.

Amicus curiae Aparajita Singh pointed out that the CAQM was not doing enough to tackle the issue. “What effective action are they taking? ... If it is still continuing year after year, then these are not answers,” Aparajita told the Bench. Asking the CAQM to file a “better affidavit” by October 3, the top court said it would take up the issues flagged by Aparajita on October 18. The Bench sought details of the CAQM sub-committees meetings as specified under Section 11 of the Act by Thursday — the next date of hearing.

The top court has issued a series of directions to the Centre, states of Punjab, Haryana, Rajasthan and Uttar Pradesh; the Government of NCT Delhi and the CAQM in the last few years.

As the Bench kept on posing questions to the commission, Verma said he had taken over only three weeks ago. He said the commission had held virtual meetings with deputy commissioners of Punjab and Haryana on the issue.

On behalf of the commission, Additional Solicitor General Aishwarya Bhati told the Bench that Amritsar (58 incidents), Gurdaspur (seven) and Tarn Taran (six) in Punjab and Karnal (31), Kurukshetraa (16) and Yamunanagar (six) in Haryana were the top districts with farm fires. She, however, said incidents of farm fires had significantly come down compared to 2020.

Compared to stubble burning incidents of eight and 13 in Punjab and Haryana during September 15 to September 25 last year, the number stood at 93 and 70 during the same period this year, the commission said in its report.

The top court also expressed surprise over the fact that the CAQM had not taken any penal action under Section 14 of the CAQM Act against the violators. Noting that penal action was the last resort, Bhati said the commission had not hesitated in taking strict action against polluting industries, but handholding and collaborative approach worked better with farmers.

In its order, the Bench said, “We are of the view that though the commission has taken steps, it needs to be more active. The commission must ensure that its efforts and directions issued actually translate into reducing the problem of pollution.”