Supreme Court

Delhi Pollution: ‘Crop Residue Burning Need to Stop’, Says SC

The Supreme Court on Wednesday emphasized the imperative need to cease crop residue burning, a significant contributor to air quality degradation in the Delhi-National Capital Region (NCR).

The court stressed the necessity for ongoing judicial oversight to prevent the recurrence of the annual winter air pollution crisis.

A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia directed the concerned state governments to take decisive measures to curb pollution. The court, during the hearing related to persistent air pollution in Delhi-NCR, acknowledged the considerable impact of farm fires and urged collective efforts for a more favorable winter in the upcoming year.

The bench highlighted the series of committee meetings chaired by the Union cabinet secretary, which devised action plans for states, including Punjab and Haryana, to address the issue. It mandated the implementation of these action plans by the respective states, with progress reports to be submitted within two months.

Recognizing the need for continuous monitoring, Justice Kaul remarked, “Possibly, this matter needs continuous monitoring. What happens is when the problem arises, we suddenly take it up. The court must monitor it for some time.”

The counsel for Punjab informed the court about the state’s affidavit filed on December 6, detailing the recovery of environmental compensation from those responsible for crop residue burning. However, the court emphasized expediting the pace of recoveries, as the amount recovered was only around 53% of the imposed penalty.

Addressing the reduction in farm fire incidents from September 15 to November 30, 2023, the court stressed that despite the decrease, farm fires remained significant and must be halted. The Attorney General submitted a note on behalf of the Centre outlining steps to control farm fires and provided minutes of committee meetings chaired by the cabinet secretary.

The bench also addressed related matters, including open waste burning in Delhi and Uttar Pradesh. The issue of vehicular pollution was raised, with the court noting an unhealthy Air Quality Index (AQI) of 376 in the national capital. The court urged the committee of secretaries to seek reports from all state governments regarding the implementation of laws on color-coded stickers for vehicles indicating the type of fuel used.

Senior advocate Aparajita Singh, assisting the court as an amicus curiae, provided updates on steps taken by Delhi and Uttar Pradesh to address e-waste burning. The court directed the Commission for Air Quality Management (CAQM) to submit a report on the status of e-waste burning and measures in place to tackle it.

Expressing the need for ongoing judicial monitoring, the bench scheduled the matter for the next hearing on February 27, aiming to ensure proactive measures and avoid a recurrence of the same pollution scenario in the following winter. Last month, the Supreme Court had urged the Centre and states to set aside politics and focus on effective solutions to the longstanding issues of air pollution, originating from a plea filed in 1985.

Nunnem Gangte

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