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Delhi pollution: SC for long-term solution, refuses to ban polluting activities year round
The top court asked the Punjab and Haryana governments to strictly follow the directions of the Commission for Air Quality Management (CAQM) on the issue of stubble burning in the two states.
Batting for a long-term solution for air pollution in Delhi-NCR, the Supreme Court on Monday refused to impose year-round restrictions on all activities prohibited under the Graded Response Action Plan (GRAP) -- a set of emergency measures to control pollution.
The top court asked the Punjab and Haryana governments to strictly follow the directions of the Commission for Air Quality Management (CAQM) on the issue of stubble burning in the two states.
"If the CAQM's suggestions to Punjab and Haryana are implemented, then stubble burning can be adequately tackled. Thus, we direct both states to have a combined meeting and ensure that the CAQM's suggestions are scrupulously implemented," a bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria said.
"It is also stated that the Union environment minister held a meeting on November 11 and that within a day, appropriate instructions could be taken to find out appropriate steps to be taken to deal with the menace of pollution," it said.
Additional Solicitor General (ASG) Aishwarya Bhati was asked to apprise the court of the complete plan of action on November 19, the next date of hearing, when the court will also issue directions in the case.
At the outset, the bench said that from time to time, several orders have been passed to deal with the high level of air pollution.
"However, we are of the view, which is agreed by amicus (curiae) and the ASG, that the issue cannot be looked at with a temporary solution and a long-drawn solution needs to be looked at," it said.
Senior advocate and amicus curiae Aprajita Singh said that though Punjab's affidavit said that stubble burning incidents have gone down, there is no reduction in pollution levels.
Noting the submissions of senior advocate Gopal Sankarnarayanan, appearing for one of the parties, the bench said he stated that Delhi has become a gas chamber and that all activities prohibited from GRAP 1 onwards should be prohibited for the entire year.
"The restriction to be imposed on activities in Delhi in (a) graded manner taking into consideration AQI standards has been finalised by the expert(s) in the field on scientific data. We do not possess expertise to deal with the same. We are therefore not inclined to act on the submission of Mr Sankarnarayanan that all activities (prohibited from GRAP 1 onwards) be stopped in Delhi," the CJI said.
"A large chunk of the population depends on various activities for their livelihood in the capital... We agree with the amicus and the ASG that a long-term solution is needed to tackle the menace of pollution in a graded manner. For that, a combined action by the MoEFCC (Ministry of Environment, Forests and Climate Change) along with Punjab, Uttar Pradesh, Rajasthan and Haryana officials is needed," he said.
The bench also asked the Delhi government and other authorities to file affidavits or a note to dispel the notion that their machines, used to measure AQI, are not advanced.
The amicus pointed out news reports about water being sprayed around pollution monitoring stations in Delhi.
"There are videos and newspaper reports. Sprinkling is happening around AQI monitors," she said.
The ASG opposed the submissions, saying that this sprinkling of water is happening across the city and "political parties are spreading such videos".
"Let the GNCTD (Government of the National Capital Territory of Delhi) file an affidavit explaining the nature of equipment being used and its efficiency to gauge AQI monitors. Please bring it day after tomorrow," the bench said.
GRAP is a framework designed to tackle air pollution in Delhi-NCR through a tiered system of measures based on the severity of air quality according to the Air Quality Index (AQI).
According to the Central Pollution Control Board (CPCB), an AQI between 0-50 is considered 'good', 51-100 'satisfactory', 101-200 'moderate', 201-300 'poor', 301-400 'very poor', and 401-500 'severe'.
GRAP I restrictions come into force when the AQI is between 201 to 300, GRAP II restrictions come into force when it is between 301 to 400 and GRAP III restrictions come into effect when it is between 401 to 450.
GRAP IV restrictions are imposed when the AQI crosses 451.
The bench said temporary or piecemeal measures cannot offer a sustainable solution.
It noted that despite a reported fall in stubble burning incidents in Punjab, air quality levels have not shown corresponding improvement.
On November 12, taking note of further deterioration of the air quality in Delhi-NCR due to stubble burning, the court asked the Punjab and Haryana governments to apprise it about the action taken to control the situation.
On November 3, the top court directed the CAQM, the Centre's air quality panel, to file an affidavit detailing the steps taken by it so far to prevent the pollution levels in Delhi-NCR from worsening further.
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Source: EconomicTimes
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