SC Raps Delhi Air Quality Panel For Failure To Curb Stubble Burning: 'Being Silent Spectators'

The SC bench observed that the CAQM had taken a few actions to tackle the pollution, but it could not be said that they were performed the way they were intended to be.

The Supreme Court on Friday lashed out at the Commission for Air Quality Management over its failure to curb air pollution in the national capital region and not taking sufficient steps to monitor air quality. 

A bench of Justice Abhay S Oka and Justice Augustine Geroge Masih said that the CAQM needs to take steps to ensure that stubble-burning alternative equipment are used at the grassroots level, as it lambasted the panel for not performing its duties in a series of observations. The top court has also directed the panel to file a better compliance report and details of the meetings.

This comes as Delhi and the surrounding regions are headed towards the pollution season, with the air quality in the capital already plunging to the 'poor' category on September 25.

"There has been total non-compliance of the Act. Have committees been constituted? Please show us a single step taken, which directions have you used under the Act? Just see the affidavit. Show us a single direction issued under S 12 and others," a report by NDTV quoted Justice Oka as saying.

"It is all in the air, nothing they have shown as to what they have said to the NCR States," he added.

The bench observed that the CAQM though had taken a few actions to tackle the pollution it could not be said that they were performed the way they were intended to be.

Every year in winter, the Delhi-NCR region experiences extreme air pollution with stubble burning in the states of Haryana and Punjab, choking the capital region.

The CAQM chairman Rajesh Verma informed the court that the panel meets once in three months, following which the court asked if that was enough. Supreme Court also asked if decisions taken by them have helped solve the problems, and if stubble burning was being dealt with. The chairman was also asked about the steps taken by him against erring officials, the report noted.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, stated that the chairman Verma had only joined the CAQM two weeks ago.

He told the court that he had met with the officials and pollution board of Punjab and Haryana and issued warnings to their chief secretaries to reduce incidents of stubble burning.

'Commission Needs To Be More Active'

Senior advocate Aprajita Singh, assisting the SC as amicus curiae, said that if the committee felt their law was being violated, they have the authority to take action against those responsible. However, the court said the panel was acting like "silent spectators." 

Singh added that the farmers were offered thousands of crores for equipment to help stop stubble burning. "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," she said.

The court said stressed that efforts must be taken to promote the use of alternative equipment for stubble-burning at the grassroots level.

"One of the duties is to work with NCR States and it (CAQM) has vast powers conferred including closure of polluting units. We are of the view that though the Commission has taken certain steps, the Commission needs to be more active and must ensure that its efforts and directions actually translate into reducing the problem of pollution," said the court.

The matter will be heard again next Thursday.