New Delhi: The Supreme Court on Friday minced no words in criticising the Commission for Air Quality Management (CAQM), for not taking concrete steps to curb air pollution in the national capital region (NCR), saying “the commission has not performed the way it was expected to perform”, and like the pollution, commission’s rules are also in the air.
Every winter, stubble burning in neighbouring states of Haryana and Punjab triggers severe air pollution in NCR. Stubble burning is one of the major contributors for Delhi's poor air quality.
A bench led by Justice Abhay S. Oka told CAQM chairperson Rajesh Verma, who joined the court proceedings virtually, if the commission does not send a message to citizens that strong and stern action will be taken if they violate law, then the commission's penal provisions will remain merely on paper.
The bench, also comprising Justice A G Masih, said like the air pollution, commission’s rules are also in the air and not a single provision of the CAQM Act is enforced and not one direction of the commission is complied with. The apex court sought a compliance report by October 3, detailing on the preparedness of the commissions, what has it done till now, and what it proposes to do immediately to curb air pollution.
The CAQM Act provides for the constitution of a commission for better coordination, research, identification, and resolution of air pollution-related problems in Delhi-NCR and adjoining regions.
“The commission has not performed the way it was expected to perform, considering the object for which the commission was set up. One of the important issues dealt with by the commission is the issue of stubble burning in the current season…. ”, said the bench.
The bench said not a single committee was formed to tackle the stubble burning issue and there has been total non-compliance of the CAQM Act, and asked, have committees been constituted? Please show us a single step taken.
The bench asked the commission what directions it had issued under the Act . The commission’s chairperson said that three subcommittees were holding one meeting every three months.
"We wonder how they are performing those tasks by meeting only once in three months," said the bench.
The bench stressed that efforts are supposed to be made to make sure that equipment is used as a substitute for stubble burning at the grassroots level.
Concluding the hearing, Justice Oka said it cannot be said that the CAQM did not take any action, but they did not perform the way they were expected to. “The Act is in existence for more than three years now, hardly 85-87 directions issued so far by the commission….no action has been even after finding that directions have not been implemented….”, said the bench.
The apex court said there are vast powers conferred on the commission, including directing closure of polluting units. “We are of the view that though the commission has taken certain 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….The commission must immediately step into action to ensure the equipment provided by the central government for avoiding stubble burning are actually used by the farmers”, said the bench, adding that the commission should place on record the details of its meetings held and decisions taken.
The apex court directed the commission to file a better compliance report regarding the provisions of the Act. “steps taken for enforcing properly the provisions but also the recommendations of the committee and directions issued by the commission. For considering the said report, place the matter on Thursday”, said the bench.
The CAQM chairman contended before the apex court that meetings were held with the officials and pollution board of Punjab and Haryana, and they have issued warnings to their chief secretaries.
Senior advocate Aprajita Singh, assisting the court as amicus curiae, said if their law was being violated, they have the authority to take action. "But they are being silent spectators," observed the bench.
Singh said thousands of crores were offered to the farmers for equipment to help stop stubble burning and "in 2017, we thought it would help stop, but it has not and that is why the CAQM has come today and now some officer has to be held responsible”. Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said that the chairman had joined only two weeks ago.
The apex court was hearing a matter related to air pollution in the capital.
