New Delhi, Sep 27 (Representative) The Supreme Court on Friday pulled up the Commission for Air Quality Management (CAQM) over its alleged lack of effort to curb stubble burning in neighbouring states, which has been a significant contributor to Delhi’s air pollution during winters.A bench comprising Justice Abhay S Oka and Justice A G Masih, while hearing a case concerning stubble burning incidents leading to air pollution in Delhi, asked the Additional Solicitor General Aishwarya Bhati whether the provisions of the CAQM Act have been complied with.There has been total non-compliance with the Act, Justice A S Oka told the ASG.Have the committees been constituted? Justice Oka asked. “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.It is all in the air, nothing they have shown as to what they have to say to the National Capital Region NCR States, the court said.The chairperson of CAQM, Rajesh Verma was present during the hearing through video conferencing.He said that the meetings are conducted once in 3 months and the subcommittees are holding meetings only once every 3 months, they have been assigned important tasks, Verma replied.We have set up 40 enforcement squads and ordered the closure of 1,099 units, Verma informed the Court.Justice Oka asked, “Has any of the decisions helped in solving any of the many problems that we face? Every year we are at this stubble burning. Is it coming in Delhi with the passage of time or increasing?Verma said, “It is coming down.”The bench asked Verma to file an affidavit assuring that in the last 3 years, the quality in Delhi Air has improved.Justice Oka said, “We wonder how they are performing those tasks by meeting only once in three months!”
The Court directed, “One of the duties is to work with NCR States and it has vast powers conferred including the 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 translate into reducing the problem of pollution.”“We would like to know from the commission about the subcommittee meetings and decisions issued thereunder. It must ensure that the equipment to avoid stubble burning are used by the farmers,” Justice Oka said.Justice Oka said, “Efforts need to be taken to make sure that use of stubble-burning alternative equipment is used at the grassroots level.”Stubble burning in states adjoining Delhi exacerbates air pollution during winter.Justice Masih, who hails from Punjab asked Verma whether the equipments are available for the agriculturalists.Justice Masih said, “Other aspect is it happens because field becomes ready for next crop immediately … Unfortunately for you I am from Punjab where there are hardly one or two machines available and entire work stalls because of that. Huge harvesters which are there will only remove upper part of the stubble and the machines remove only the lower and the number of that is too less,”Justice Masih said, “Next issue is the machines need to be stored and there is hardly any space to store them and they become virtually unusable by the next season. This is the feedback I got,” the Judge said.Justice Oka said, “There has to be an effective alternative to stubble burning. That is the solution and what my brother is saying.”
Additional Solicitor General (ASG) Aishwarya Bhati, representing the Centre said, “As farm fires erupt, Punjab struggles to distribute stubble management machines.ASG Bhati said, “Even decomposers take time. We give an update on how States are faring. Lordships may give us time to get data from districts of NCR States to see how much arrangements have been made.”Senior advocate Aprajita Singh, appearing as amicus curiae in the matter, said that the media reports show that stubble burning had already begun in states bordering Delhi.Singh urged the court to hold the CAQM accountable for enforcing the laws under the CAQM Act, stressing the need for concrete steps to prevent the seasonal spike in pollution.Justice Oka had asked ASG Bhati to ensure that the commission provided answers regarding these concerns during next hearing.The Bench pronounced its order saying, “We cannot say that commission has not taken any action but amicus is right in saying that it has not performed the way it was expected to.”“We direct the Commission to file a better compliance report. For considering the same, list the matter next on Thursday,” the court said.