Delhi Air Pollution: Supreme Court Seeks Explanation From CAQM On Stubble Burning

The Supreme Court on Tuesday (September 24) said that it wants an answer from the Commission for Air Quality Management for Delhi NCR on the issue of stubble burning.

Amicus curiae Senior Advocate Aparajita Singh mentioned the matter before a bench of Justice Abhay Oka and Justice Augustine George Masih, highlighting a newspaper report that stubble burning has already begun.

Last year, the Court had said that the stubble burning must be controlled, while highlighting the need for judicial monitoring to ensure that the same scenarios do not occur the next winter.

She sought directions from the Court to call for an explanation from the Commission for Air Quality Management (CAQM) as to why stubble burning has already started. She also sought directions to the CAQM on what steps it has taken to hold erring officials accountable under section 14 of the CAQM Act.

Section 14 of the Act outlines penalties for non-compliance with its provisions, rules and orders or directions passed by the CAQM.

Justice Oka said to ASG Aishwarya Bhati, “We want an answer to this on Friday.” The Court noted that the MC Mehta v. Union of India case, in which the issue was mentioned by Singh, is listed for a hearing on Friday.  In the MC Mehta matter, the Court is overseeing issues related to pollution and air quality in Delhi-NCR.

This follows ongoing proceedings in various MC Mehta cases in which the Supreme Court has been addressing issues related to pollution in NCR. The region typically experiences heightened pollution in winter, primarily due to stubble burning in neighboring states. The Supreme Court has been monitoring the situation, and the CAQM has previously submitted reports on the causes of pollution, particularly implicating stubble burning as a major factor.

On December 13 last year, the Supreme Court issued directions aimed at improving air quality in the NCR including reiterating that stubble burning must cease and directing Punjab and Haryana to comply with the Court's orders.

The Court last year also directed Punjab, Haryana, Uttar Pradesh, Rajasthan, and Delhi to outline measures to combat air pollution, particularly related to stubble burning. On November 7, the Court reprimanded these states for not effectively addressing the issue, directing the local police and officials to enforce the stubble burning ban.

During the December hearing, the Court emphasized the need for continuous monitoring and directed the governments of Haryana and Punjab to implement the action plan outlined by a committee chaired by the Cabinet Secretary. This plan aims to reduce stubble burning and ensure better air quality management in the coming winters.

On August 27 this year, the Court asked the Chairperson of the CAQM to explain the Commission's plan to address pollution, especially due to stubble burning. The Court also noted that the PCBs were ineffective due to a significant number of unfilled positions and demanded clarification on what steps CAQM intended to take under the provisions of the CAQM Act, including creating a framework for identifying pollutants, enforcing pollution control measures, and coordinating efforts among various stakeholders.

The Court directed that all vacancies in the State Pollution Control Boards (PCBs) in the NCR states must be filled by April 30, 2025. The Court had emphasized the urgency of these appointments, warning that no extensions would be granted beyond this deadline. Rajasthan, Punjab, Delhi, Uttar Pradesh, and Haryana were instructed to prioritize filling these vacancies within two months.

During the August 27 hearing, Singh had raised concerns about stubble burning contributing significantly to the deteriorating air quality in the NCR. Justice Oka had remarked that the situation was dire, with many authorities being non-functional due to high number of vacancies.

Case Title: MC Mehta v. Union of India