The Supreme Court on Friday criticised the Commission for Air Quality Management (CAQM) for its alleged inaction in addressing stubble burning in neighbouring states, a major factor in Delhi’s worsening air pollution during the winter season.
A Bench, consisting of Justices Abhay S Oka and Augustine George Masih, expressed concern over the CAQM’s enforcement of the provisions under the CAQM Act. They sought details on the specific measures the commission has taken to reduce the burning of crop residue in states like Punjab and Haryana, according to a report by Bar and Bench.
Justice Oka said, “There has been total non-compliance of the Act. Please show us a single direction issued to any stakeholder under the Act.”
Additional Solicitor General (ASG) Aishwarya Bhati, representing the Centre, referred to an affidavit detailing measures like issuing advisories and guidelines to tackle the issue. Despite this, the court remained dissatisfied with the actions taken.
The report quoted Justice Oka as saying, “It is all in the air, nothing they have shown regarding what has been done in the National Capital Region (NCR) states.”
Ongoing scrutiny of CAQM’s effectiveness
The Supreme Court on Tuesday sought a comprehensive report from the Commission for Air Quality Management (CAQM) detailing the actions it had taken to address stubble burning.
The Bench specifically directed the commission to submit its response by September 27, following a reference by senior advocate Aprajita Singh, serving as amicus curiae, who highlighted media reports suggesting that stubble burning had already commenced in states bordering Delhi, the report stated.
Singh emphasised the importance of holding the CAQM accountable for enforcing the provisions of the CAQM Act and called for concrete measures to prevent the seasonal rise in pollution. Justice Oka instructed ASG Aishwarya Bhati to ensure that the commission addressed these concerns in Friday’s hearing, the report said.
During the hearing, CAQM Chairperson Rajesh Verma informed the court that sub-committees had been set up and enforcement squads were operational, with quarterly meetings taking place.
“Once every three months, they are meeting,” Verma said, noting that 40 enforcement squads had been established and 1,099 industrial units had been shut down.
The court, however, expressed doubts about the effectiveness of these measures. “Every year, we face stubble burning. Is it decreasing, or is it increasing?” Justice Oka asked, as mentioned in the report.
Verma responded, assuring the court that Delhi’s air quality had improved over the past three years and that stubble burning incidents were on the decline. However, amicus curiae Aparajita Singh voiced scepticism, pointing to recent cases of stubble burning and questioning why no action had been taken against officials failing to enforce the law.
“What effective action are they taking? The Act was brought in to take action against erring officials as well, my lords please see,” Singh said.
Demands for better accountability
The CAQM’s actions — or inactions — have been under scrutiny for a while. On Friday, the Supreme Court criticised the pollution control boards in Delhi and the NCR states as “ineffective” due to staffing shortages and demanded that the commission explain its strategy for managing the expected surge in pollution as winter nears.
The court also raised concerns about the functionality of the CAQM’s sub-committees, questioning how they could function effectively without proper representation from the pollution control boards of Delhi, Punjab, Haryana, Rajasthan, and Uttar Pradesh.
It ordered the five NCR states to urgently fill the vacant positions, preferably by April 30, 2025.
First Published: Sep 27 2024 | 5:28 PM IST
