As the air quality in Delhi continues to deteriorate hazardously, the Supreme Court will hear today the case concerning the severe air pollution in NCR.A bench of Justices AS Oka and Augustine George Masih will hear the MC Mehta case, in which various directions were issued regarding the air quality of the National Capital Region.Last week, the amicus curiae in the matter, Senior...
As the air quality in Delhi continues to deteriorate hazardously, the Supreme Court will hear today the case concerning the severe air pollution in NCR.
A bench of Justices AS Oka and Augustine George Masih will hear the MC Mehta case, in which various directions were issued regarding the air quality of the National Capital Region.
Last week, the amicus curiae in the matter, Senior Advocate Aparajita Singh, had requested the Court to take up the matter in view of the deteriorating air quality of the national capital.
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Order: A very disturbing feature is brought to the notice of this court. ISRO is getting data from NASA Satellite which passes over NCR regions at around 10:30 a.m. and 1:30 p.m. daily. Therefore instances of farm fires captured by the satellite are only for those periods. Based on information given by a senior scientist of NASA, learned amicus pointed out that a Korean satellite which is stationary satellite has captured the farmfires at 420. It is pointed out that there is a difference between data collected by the stationery satellite and data collected by the polar orbiting NASA Satellite. We direct the Government of India as well as Commission to make immediate arrangements for getting data either from Korean stationery satellites or any other stationery satellites so that data of farm fires throughout the day can be made available to the states to enable them to take immediate actions. Needless to add that the commission and the central government will also involve ISRO in taking this step. The ultimate object should be to ensure that all instances of farm burning throughout the day can be reported to the concerned States so that prompt action can be taken by the states. Compliance on this aspect also shall be reported by this Friday. Needless to add that the commission and the central government will procure data from stationery satellites from the first of October of 2024. List on Friday when we will consider compliance with the directions issued today. Needless to add that it is the constitutional obligation of the central government and state governments to ensure the citizens live in a pollution free atmosphere. Therefore in addition to the actions which are proposed under stage three and stage 4, all possible actions shall be taken at the level of these governments to ensure that the AQI is brought down. All states will take an immediate call on stopping physical classes of all standards up to class 12.
Order: today we have listed the petition to find out how Graded Response Action Plan (GRAP) for NCR regions published by the CAQM is being implemented.
GRAP III comes into picture when AQI ranges from 401 to 450. From the minutes of the meeting of the sub committee of the commission of 13 November 2024, on 13 November itself the AQI had crossed 401.
In fact learned amicus stated that it crossed 400 on 12th of November 2024.
Instead of immediately directing implementation of stage 3 of GRAP the commission directed that Stage 3 should be implemented from 14 November 2024. Same is the case with implementation of stage 4. Order dated 17 records that AQI was 450 at 6:00 p.m. but still direction was passed to implement stage 4 from today morning.
From the submissions made across the bar and from minutes of the meeting dated 13th November 2024 we find that the approach adopted by the sub committee of the commission is contrary to what is observed in paragraph three of this court's order dated 29th October 2018.
The direction was to EPCA to take preemptive steps under GRAP without strict adherence to pollution stages detailed in the plan. the approach adopted by the commission seems to be that they have decided to wait for improvement of AQI and therefore implementation of stage 3 and stage 4 was delayed. This is completely a wrong approach. Even in anticipation of AQI decreasing the threshold limit it is the duty of the commission to start implementation of grade 3 or grade 4 as the case maybe. The commission cannot wait for improvement of AQI.
There is another issue which may require consideration. The issue is which agency's data should be treated as official data for AQI level. Parties will be heard on this aspect.
We direct all governments of NCR area to strictly implement stage 4 of GRAP. All states will immediately constitute teams for monitoring implementations of actions which are required to be taken under stage 4. The NCR state governments and the central government will have to immediately take a call on actions provided in clauses 6, 7 and 8 of stage 4 and place the decision taken on the record before the next date.
We direct the Delhi government and other governments to create grievance redressal mechanism to enable the citizens to lodge complaints of violation of actions under stage 4. We direct the commission to look into the complaints immediately and take action. We make it clear that till further orders are passed by this court implementation of stage 4 will continue even if AQI level drops below 450.
All state governments and Central governments will file compliance affidavit by Thursday.
We also direct the commission to provide for more stringent actions at stages 3 and 4 and for them to not leave anything for the discretion of the government or local authorities. The commission will immediately take a call on this aspect.
Dave: have instructions to say that 90 to 95% stubble burning is over.
Sankarnarayanan: Not true.
Amicus: I have a suggestion. States are blaming the centre, centre is blaming the state for stubble burning. Committee may be formed of some people who have the experience in this area.
Dave: Let ISRO respond
Amicus: for stubble burning the scientists are repeatedly saying that what is burning is not being captured by the NASA Satellite. Now a NASA scientist has relied on South Korean satellite. The NASA Satellite goes from 1:30 to 2:30 by that point of time the burning has reduced and it starts after 2:30. So the satellite has not been able to capture it.
J Oka: we want to know in what manner the agencies have implemented it. And today we are directing to constitute teams of different departments to monitor this. Then other NCR States will respond on Friday.
Amicus Aparajita Singh: All NCR States have to implement CAQM directions.
AAG Garima Prashad for UP tells the court that GRAP IV is implemented and schools are closed from tomorrow.
Amicus: EPCA permitted to take pm tips steps under the grep without strict adherence to pollution stages.
J Oka: the difficulty is after crossing of that particular limit there and anticipating that it will come down. That is the problematic approach adopted by them.
ASG Archana Pathak Dave appears for CAQM.
J Oka: the policy should be that the moment it crosses threshold you implement.
Adv.: unprecedented weather conditions were there.
Amicus Aparajita Singh: this happens every year. Your lordships have said more. You have said don't wait for the threshold.