Delhi Air Pollution | 'Ensure Next Winter Is Better, Farm Fires Must Stop' : Supreme Court Issues Directions To Punjab, Haryana & Delhi

The Supreme Court, today (on December 13), passed a slew of directions while hearing a batch of pleas raising concerns over the deteriorating air quality in the Delhi-National Capital Region (NCR). The Court reiterated that stubble burnings must be stopped and better air quality must be ensured for the next winter.

Pertinently, the States of Punjab and Haryana are required to comply with these directions within a period of two months and submit the progress report before the Court. 

The Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia were hearing the matter.

These directions were passed after the Bench perused the meeting minutes of the committee of secretaries. The cabinet secretary chaired the same. These directions included the implementation of the color-coded schemes. Lastly, while highlighting the need for judicial monitoring to ensure that the same scenarios do not occur the next winter, the Court listed the matter on 27 February.

The region typically faces heightened pollution during the winter months, largely due to factors such as stubble burning in neighbouring states. In October, the court directed the Commission for Air Quality Management (CAQM) to submit a report detailing the steps taken to tackle the worsening air quality in and around the national capital. Since then, the Court has been making efforts to monitor this issue.

Following this order, the commission submitted its report implicating stubble burning as a leading cause of air pollution in Delhi. As a result, the governments of Punjab, Haryana, Uttar Pradesh, Rajasthan, and Delhi were directed to outline the measures adopted to combat air pollution, particularly concerning crop burning.

Last Month, on November 07, the court came down heavily on Punjab, Rajasthan, Haryana, and UP governments, asking them to stop stubble burning immediately. The court entrusted the responsibility of enforcing this ban to the local state house officer, under the supervision of the chief secretary to the governments and the police chief of the respective states.

Previously, the Court, among other things, also called upon the Committee Chaired by the Cabinet Secretary to look into several aspects. These included suggestions made for reducing stubble burning and colour-coded sticker schemes.

Course of Today's Hearing and Directions Passed

At the outset, the Court perused the minutes of the aforesaid meeting and the note prepared for the steps to be taken. The Attorney-General R Venkataramani submitted this note. 

Pursuant to this, Justice Kaul highlighted the need for continuous monitoring of this matter. The same was concurred by the Attorney General.

Thereafter, the Court perused the affidavit filed by the State of Punjab and stated:

“The committee chaired by the Cabinet secretary has made an action plan for both the State Government of Punjab and Haryana to do so. We want you to implement these and submit a report on implementation within two months. So that we will continue to monitor it….at least make an endeavor for the next winter to be a little better.”

In view of this, the Court went ahead with passing a slew of directions. To begin with, the Court recorded the findings of the affidavit filed by the State of Punjab. The Court noted that while the recovery rate of environmental compensation is 53%, it needs to be expedited.

“The affidavit dated 06.12.2023 filed by the State of Punjab shows that the environmental compensation recovered as on that date is about 53%. The recoveries must be speeded up. An endeavor has been made in para 3 to submit that farm fires between 15th September to 30th November have been less for 2023. The point is still that the farm fires are significant, and all this must stop.”

Moving forward, the Court adverted to the note submitted by the Attorney and observed the directions that are required to be complied with by the Haryana and Punjab governments.

"Ld. Attorney General has submitted a note on behalf of the Union of India qua the steps to be taken and place the minutes of the meeting of the committee of secretaries chaired by the cabinet secretary…. reviewing the air quality management in Delhi.....To crysticlise the issue, Ld. Attorney General, in para 3 of the report, has set out the actions to be taken by the government of Haryana and Punjab 

We direct the state government to take steps with respect to the aforesaid and submit the progress report to this Court within two months from today. There are other aspects also in the report whereby to be taken by different authorities…the aforesaid authorities will also duly implement what they are required to do and submit a report within two months.”

Further, the Court also directed the Delhi Government to submit a report. Moving forward, Senior Advocate Vipin Sanghi voiced his concern regarding implementing color-coded stickers. Accordingly, the Court added the following in its order:

“The submission is that once the law exists, it must be implementation...it is the duty of the state movements to make sure that law is implemented without any caveat to it. The committee of Secretary may call for a report from all the State Government in progress made in implementation of this aspect of law to ensure that if there are any delinquent states, they comply with the same and that aspect be brought to the notice of this Court.”

E-Waste Burning

Regarding this, Senior Advocate and amicus curiae Aparajita Singh requested that a direction be passed to CAQM to submit the report on the status of e-waste burning and the measures in place. To this, Bench acceded and accordingly directed the CAQM to consider the relevant issue.

Emphasising the need for judicial monitoring, the Court penned in its order: “We do believe that there has to be some judicial monitoring to ensure that we are not again faced with the same scenario next winter. Thus, it may be appropriate to re-list this matter periodically for judicial monitoring even though there is a committee (CAQM) for that and seek reports.”

Notably, before parting, the court appreciated the job done by the amicus and recorded the same in the order as well.

Click Here To Read/Download Order