The
Supreme Court on Monday said the air pollution issue in the Delhi-NCR cannot be
treated as a "customary" case to be listed only during the winter
months, noting that it will be taken twice in a month to find out short and
long-term solutions to the menace.
In
a significant shift from the usual narrative, a bench comprising Chief Justice
Surya Kant and Justice Joymalya Bagchi said, "The issue of stubble burning
should not unnecessarily become a political issue or an issue of ego."
Questioning
the usual blame on stubble burning as the key contributor to air pollution in
Delhi-NCR, CJI Kant, who comes from a farmer's family at Hissar in Haryana,
asked, "Stubble burning was there during COVID, but why could people still
see clear blue skies? This suggests other factors are at play."
"We
do not want to comment on stubble burning as it is incorrect to pass the burden
onto people (farmers) who are hardly represented in this court," the CJI
said, adding, "The issue of stubble burning should not unnecessarily
become a political issue or an issue of ego."
Seeking
clarity on immediate and long-term measures, the CJI asked the Centre to spell
out specific steps of the Commission for Air Quality Management (CAQM), Central
Pollution Control Board (CPCB) and others to apprise it of the short and
long-term measures to tackle the menace of air pollution.
It listed the plea for
hearing on December 10.
At
the outset, the CJI said, "The Delhi pollution matter cannot be listed
customarily in the month of October and rather it should be taken up regularly
at least twice a month."
Referring
to Monday's Air Quality Index (AQI), he said, "My brother (Justice Bagchi)
tells me that just because this item is listed today and heard there is
improvement in the AQI levels."
Additional
Solicitor General Aishwarya Bhati, appearing for the central government
authorities, referred to key contributors of air pollution and said
"stubble burning, vehicular pollution, construction dust, road dust and
biomass burning have been named as contributors".
"I
can give a detailed list of what steps have been taken under each of the
heads," she said.
Hinting
towards other contributing factors, the CJI said during COVID-19-induced
lockdowns, stubble burning happened as usual but still blue skies and stars
were visible to citizens.
"Why?
Something to be thought about and other factors. We would like to have a report
within a week on the measures taken to contain other factors," the bench
said, adding it wanted to "see long-term and short-term plans".
The
CJI then referred to unplanned urban growth and rising aspirational population
in the country and said, "None of the cities of the country were developed
to accommodate this scale of population or with the thought that each home will
have multiple cars. Let us see which measures are suggested to us and how these
measures are implemented or are only on paper."
The
development of cities should have a negative impact on the quality of life, the
CJI said.
The
bench said it will ensure that the air pollution matter is listed twice a month
throughout the year to monitor the implementation of long-term and short-term
measures.
The
bench said there should be a scientific analysis to ascertain the factor which
is contributing the most to the problem.
"We
cannot sit idle. Solutions must come from experts. The courts may or may not
have those solutions, but we can provide a platform for all stakeholders to
deliberate," the CJI said.
Amicus
curiae and senior advocate Aparajita Singh submitted that vehicular pollution
and dust remain the biggest contributors to Delhi's poor AQI.
She
also flagged reports that several air quality monitoring devices were not
functioning properly.
A
counsel highlighted the chronic problem of cars parked on both sides of Delhi's
roads.
The
CJI observed that while metro projects would eventually be a game changer,
short-term measures were urgently needed.
On
November 27, the top court agreed to hear on December 3 a plea concerning the
deteriorating air quality in the Delhi National Capital Region (NCR), saying
the issue needed to be monitored on a regular basis.