A notable move by the Central government against the formation of a committee of retired judges to oversee the implementation of measures intended to curb the problem of stubble burning in Delhi-NCR. The proposal was moved by Senior Advocate Aparajita Singh, the amicus curiae appointed by the Supreme Court in the ongoing MC Mehta case.
Proposal Summary
Singh, during the court proceedings, proposed that a committee consisting of judges who had handled matters related to stubble burning and vehicular pollution be formed. She argued that due to their previous encounters with similar cases, these judges could better come up with amicable solutions concerning the intricacies of air quality in Delhi.
“My suggestion is that there are four judges who have vigorously monitored these matters. Make a committee of those judges because they know the issues and they know the problem,” Singh stated.
Government’s Opposition
The Central Government was, however, sternly opposed to the formation of such a committee, which was represented by Additional Solicitor General Aishwarya Bhati. Bhati said that the existing measures by the government and the Commission for Air Quality Management (CAQM) are good enough and effective.
“We are strongly opposing this. Please do not create any more tiers. There is no judicial application of mind that is required,” Bhati responded to the proposal made by Singh.
This comes at a time when the Supreme Court had, earlier, attempted to tackle stubble burning through the formation of an expert panel led by Justice Madan B Lokur, a former Supreme Court judge, in October 2020. However, this was promptly dissolved following the Centre’s ordinance to establish the CAQM.
Growing Concerns Over Stubble Burning
Senior Advocate Gopal Sankaranarayanan pointed out alarming trends in Punjab and Haryana during the hearing-he noted that burnt areas have increased significantly, while the CAQM data contradicts this with decreased figures.
“”Burnt area in Punjab has increased to 19.1 lakh hectares from 15.1 lakh hectares, a 24% increase. For Haryana, burnt area increased to 8.3 lakh hectares in 2023 from 3.5 lakh hectares in 2021,”” Sankaranarayanan reported.
In response, Bhati explained the government’s dependence on expert protocols rather than untested sensor data for observing stubble burning.
Judiciary’S Comments on Pollutant Sources
The Supreme Court pointed out that pollution by trucks coming into Delhi-NCR and demanded that mechanisms to check the problem be strengthened. Justice Abhay S Oka observed, “Most of the net contribution is from trucks.”.
“Somebody has to be answerable. The percentage of pollution caused by these trucks is a very large percentage,” Justice Oka stated.
Counsel for NCT Delhi submitted that steps have been taken to limit entry of trucks at certain places but Justice Oka has criticized that such efforts in itself would not suffice without the verification process.
Court’s Order
Based on these remarks, the court has passed several orders seeking to strengthen the vigilance:
Immediate Setup of Check Posts: The Delhi government and police must establish check posts at all identified entry points into Delhi.
Clear Guidelines for Personnel: Personnel manning these check posts should be informed about permissible items as per recent government orders.
Monitoring Compliance: Authorities must ensure compliance with entry restrictions for trucks and vehicles.
CCTV Footage Submission: The authorities must provide CCTV footage from designated entry points to the amicus curiae promptly.
Besides, 13 court commissioners are also selected in order to inspect all entry points and will report back if relevant norms have been complied with.
Further Hearings
The Supreme Court offered to discuss matters pertaining to stubble burning and air quality management in future hearings. The Graded Response Action Plan Stage IV (GRAP-IV) shall remain operational with changes in air quality until such time as it might deem fit to discontinue it.
Discussions have been ongoing, but stakeholders remain focused on finding some effective solutions that can help stem stubble burning and vehicular emissions-spewed air pollution in the region.
