Delhi Air Pollution| Supreme Court Directs CAQM To Hold Meeting With 3 States On Proposed Action Plans To Tackle Stubble Burning

The Supreme Court today (February 3) directed the Commission for Air Quality Management (CAQM) to hold a meeting with the States of Punjab, Haryana and U.P on the proposed action plans for crop diversification, In-situ and Ex-situ management for crop residue and mass awareness and consultation programmes in an effort to tackle the issue of stubble burning by farmers. 

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan was hearing the MC Mehta case concerning pollution management in Delhi NCR, focusing on issues related to vehicular pollution, solid waste management, and stubble burning in the NCR states.

Notably, crop diversification is the practice of growing more than one crop in a given area of land. The practice of 'In-situ crop residue management' refers to leaving the crop residue in the field to decompose rather than burning it. The process of Ex-situ residue management involves reusing or recycling the crop residue for other purposes like fuel, compost or animal fodder. 

Previously, the Court expressed concerns over the Punjab and Haryana Governments' reluctance to prosecute officials violating the  CAQM orders regarding stubble burning under Section 14 of the Commission for Air Quality Management (CAQM) Act.  

Today, the Court observed that  3 detailed notes were submitted by the Amicus Sr Adv Aprajita Singh; Additional Solicitor General Aishwarya Bhati (ASG) for the CAQM (Commission for Air Quality Management) and Department of Agriculture of the Central Government on Paddy Straw Management. 

The solution proposed as per the above notes from various stakeholders, the bench recorded was : (1) Action plan for crop diversification; (b) action plan for In-situ management for crop residue; (c) action plan for ex-situ management for crop residue; (d) mass awareness and consultation programme. The bench thus ordered, " We request the CAQM to call a meeting of the representatives of the States of Punjab, Haryana and Uttar Pradesh. We direct that these states file responses for the above. Considering the responses and after consulting the states, CAQM will come out with its own views on the issue."

"CAQM will submit its suggestions by 17 March with the learned counsels of the parties,  We will issue directions on the basis of the said note on March 28" the Court added.  

Farmers Need To Incentivised For Accepting Crop Diversification: State Of Punjab  

 During the hearings, counsel for the State of Punjab stressed that for the proposal of crop diversification to be a success, it was crucial that farmers be offered incentives of two kinds :

(1) "There is a Minimum Support Price (MSP) that has to be given and (2) Minimum Assured Procurement - in paddy produce, 100% produce is assured that it will be picked up by the Food Corporation of India- which is why unfortunately the procurement policy is not there" 

The bench suggested that the incentive proposals be discussed in the CAQM meeting. 

Advocate General of Punjab , Gurminder Singh added that while the State of Punjab supports the efforts for eradicating stubble burning, other factors within the State of Delhi should be seen which are contributing to a stagnant AQI level since December 2024. 

"We have data on AQI of Delhi after 15th November which was the last day the fire incident was reported and thereafter the AQI in Delhi touched 400 and in January it is continuing....we are committed to eradicating stubble burning but how much are we contributing as State, if your lordships can just take a call on that." 

Justice Oka replied, "You are right, ultimately we cannot blame one state alone."  

Non-Compliance Of States In Giving Aid To Daily Wage Labourers: Bench Directs Presence Of Chief Secretaries 

The Court also recorded that as per its earlier directions to pay a minimum support amount to daily wage labourers while halting constructions in and around Delhi NCR was not complied with. 

The bench was informed that the State of UP has paid the lowest amount of Rs. 1000 per day but covered the largest number of labourers. Haryana government has paid around 4 lakh workers, while in Delhi 92000 workers were paid initially and 2700 paid additionally

"We find that the states of UP, Delhi and Haryana are non-compliant. We direct that Chief Secretaries of the concerned states personally remain present"

"Once we pick them, in the meanwhile, they will pay." Justice Oka added verbally.

Case Details :  M.C. MEHTA vs. UNION OF INDIA | W.P.(C) No. 013029 / 1985  

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