Abject Failure In Implementing Pollution Measures In Delhi, Expedite Action Against Erring Officials: Supreme Court
The Supreme Court today observed that the material placed before it indicates "abject failure" by various authorities to implement pollution control measures in the National Capital Region.
The Court clarified that stage four Graded Response Action Plan (GRAP), which include a complete halt on construction and strict vehicle restrictions, will continue to remain in force till Monday, except with regard to schools, in light of the Court's modification of the measures on November 26.
The hearing saw various counsel narrating instances of violations of GRAP measures, from construction in posh localities in Delhi, to burning of dried leaves, truckers avoiding highways, lack of surveillance at the capital's borders and cement being transported with food grains as decoy.
A two-Judge Bench comprising Justice Abhay S. Oka and Justice Augustine George Masih recorded in its Order that the two reports produced by Court commissioners indicate "abject failure of various authorities who implement GRAP-4 measures. There are violations pointed out in both the reports." The Court added that it expects states to explain the action they propose to take in case of breaches pointed out to the Court.
On being asked about the action taken against government officials for non-implementation of pollution control measures, Additional Solicitor General Aishwarya Bhati informed the Court that show-cause notices have been issued under Section 14 (Penalty for contravention) of the Commission for Air Quality Management in NCR & Adjoining Areas Act, 2021. "No notice is required," Justice Oka commented. "Action needs to be expedited," the Bench said in its Order.
The Court noticed a "misleading" statement in a 'Clarification' issued by the Commission for Air Quality Management (CAQM) earlier today for implementing GRAP measures. The said statement, after noting that there is no exemption even for public projects in GRAP-4, says, "However, activities which are permitted under Stage-III, will continue to be permitted." The ASG assured the Court that this document will be withdrawn.
Bhati submitted data to the Court on the Air Quality Index levels in the National Capital Territory (NCT) of Delhi ranging from 2018 to this year, adding that the air quality in the area right now was "manageable".
The CAQM was asked by the Court to hold a meeting to decide whether GRAP measures should be relaxed and consider whether a combination of stage three and four measures needs to be implemented. The CAQM was directed to place its suggestions before the Court on Monday.
The Court specified that entry of all trucks shall be banned, except those carrying essential goods or providing essential services, those running on clean fuel and Bharat Stage six trucks. "Therefore, if any authority has issued any instructions which run contrary to the above, the same will not bind the police or other staff at entry points," the Court ordered.
After being informed of a 'sting operation' conducted by a news publication where a land records officer is seen admitting that they advise farmers to burn stubble only after 4 p.m. to avoid detection by satellites, the Court, without commenting on the correctness of the news report, said, "if correct, it is very serious". It directed the Punjab government to issue directions to all concerned officials to desist from such activities.
Cause Title: M.C. Mehta v. Union of India [W.P.(C) 13029 of 1985 PIL-W]