SC pulls up air quality panel for failing to curb pollution

The Supreme Court on Friday pulled up the Commission of Air Quality Management (CAQM) in the National Capital Region (NCR) and Adjoining Areas for its failure to curb air pollution caused by stubble burning by farmers in Punjab and Haryana, saying its orders were only on papers.

“Not a single committee has been formed to tackle the stubble burning issue. Every year, we witness stubble burning, indicating total non-compliance with 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.

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 subcommittees have been convening one meeting every three months.

“We wonder how they (Commission) can effectively perform their 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," Singh told the Bench.

Asking the CAQM to file a “better affidavit” by October 3, the top court said it will take up the issues flagged by Singh on October 18.

The Bench sought details of the CAQM sub-committee meetings as specified under Section 11 of the Act and the decisions taken by them by Thursday – the next date of hearing.

Delhi-NCR becomes a virtual gas chamber during October-December due to smog caused by stubble burning by farmers in Punjab, Haryana and western parts of Uttar Pradesh. The top court – which has been monitoring the issue – has issued a series of directions to the Centre, states of Punjab, Haryana, Rajasthan and Uttar Pradesh; Government of NCT Delhi and the CAQM in the last few years.

As the Bench kept on posing questions to the Commission on Friday, Verma said he had taken over only three weeks ago and the Commission held video-conference meetings with deputy commissions of Punjab and Haryana on the stubble burning issue.

Additional Solicitor General Aishwarya Bhati told the Bench on behalf of the Commission that Amritsar (58 counts of fire), Gurdaspur (7) and Tarn Taran (6) in Punjab and Karnal (31), Kurukshetra (16) and Yamunanagar (6) in Haryana were the top districts with farm fires. She, however, said incidents of farm fires have significantly come down compared to those in 2020.

Compared to stubble burning incidents of 8 and 13 in Punjab and Haryana during September 15 to September 25 last year, the numbers 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 has not taken any penal action under Section 14 of the CAQM Act against those indulging in stubble burning.

“If there is no penal action taken under Section 14, the prohibitive directions against farm fires will remain only on paper,” it said.

Noting that penal action under Section 14 was the last resort, Bhati said the Commission has 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, the Commission needs to be more active. The Commission must ensure that its efforts and directions issued actually translate into reducing the problem of pollution."

Emphasising that efforts were needed to ensure that stubble-burning alternative equipment were used at the grassroots level, the top court asked the CAQM to submit a more comprehensive compliance report.

"It is brought on record that certain equipment has been provided to the farmers from the money supplied by the central government. The equipment can be used as a substitute for stubble burning. Some effort needs to be taken to ensure that the equipment is actually used at ground level,” Justice Masih said.