Supreme Court Pulls Up Centre As Delhi's Air Quality Worsens: 'Environmental Protection Act Has Become Toothless'

The apex court also said that the CAQM Act was enacted without creating the required machinery for implementing the law to curb air pollution.

Amid worsening air quality in the national capital, the Supreme Court on Wednesday noted that stubble burning in Delhi's neighbouring states and rapped the Centre for rendering the Environmental Protection Act "toothless" through amendments. A bench of Justice Abhay S Oka, Justice A Amanullah, and Justice AG Masih, dismissed also rapped the Punjab and Haryana governments and called their efforts to stamp out farm fires, that contribute to toxic air smothering Delhi annually, a "mere eyewash".

"We will take the Union of India to task... it has not created any machinery. The Environmental Protection Act has become toothless. You have got rid of punishment and replaced it with a penalty by amending Section 15 and the procedure to be followed for imposing a penalty cannot be followed," the Supreme Court said.

The top court said that the provision of the Commission for Air Quality Management in NCR & Adjoining Areas (CAQM) Act, on penalty for stubble burning is not being implemented. It also said that the CAQM Act was enacted without creating the required machinery for implementing the law to curb air pollution.

In response, Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said section 15 of the CAQM Act, which deals with penalty for stubble burning, will be implemented effectively as regulations for it will be issued in 10 days. She submitted that an adjudicating officer will be appointed and all necessary actions will be taken to enforce the law effectively.

Bhati pointed out that the CAQM has issued notices to senior administrative officials of Punjab and Haryana besides officials of the state pollution control boards and sought their response as to why action should not be taken against them. The bench asked the CAQM who is taking your notices seriously as the procedure is not provided under the law. "Please tell your chairperson of CAQM not to bail out these officials. We know what is happening on the ground," the bench said.

Bhati pointed out that over 1,000 cases of stubble burning have taken place in several districts of Punjab like Amritsar, Ferozepur, Patiala, Sangrur, and Taran Taran.

This came while a thick layer of smog enveloped the national capital Wednesday morning as its air quality remained in the 'very poor' category with an overall AQI of 363, while more areas fell into the "severe" zone. 

Meanwhile, in related news, as many as 22 first information reports (FIRs) have been registered and 18 farmers have been arrested in Haryana’s Kaithal over the past week in connection with stubble burning and violation of the provisions of the Air Pollution Act.