'All in the air': Supreme Court slams Delhi air quality panel for high pollution levels in national capital

The Supreme Court castigated the central air quality panel on Sep 27 for not taking adequate measures to monitor the air quality and curb pollution in the National Capital Region (NCR) saying, “It is all in the air,” for everyone to see.

A bench of Justices Abhay S Oka and AG Masih observed that the Commission for Air Quality Management (CAQM) has not performed or served its purpose as Delhi and its surrounding areas approach pollution season.

"There has been total non-compliance of the Act. Have committees been constituted? Please show us a single step taken, which directions have you used under the Act? Just see the affidavit. Show us a single direction issued under S 12 and others," said Justice Oka.

"It is all in the air, nothing they have shown as to what they have said to the NCR States," he added.

The court noted that it cannot be said that the CAQM did not take any action, but they did not perform the way they were expected to.

The court said efforts must be taken to ensure the use of stubble-burning alternatives at the grassroots level.

The NCR plunges into a severe air quality crisis during winters every year, with stubble burn in the neighboring states of Haryana and Punjab among the major contributors.

CAQM chairman Rajesh Verma informed the bench that they meet once in three months. The court sought to know if that's enough, and if decisions taken by them have helped in solving problems. The bench also sought to know if incidents of stubble burning are coming down.

The bench asked the chairman what action has been taken against officials involved in wrongdoing. Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said that the chairman had joined only two weeks ago.

The CAQM chairman also informed the court that meetings were held with the officials and pollution board of Punjab and Haryana, and they have issued warnings to their chief secretaries.

Senior advocate Aprajita Singh, assisting the court as amicus curiae, said if their law was being violated, they have the authority to take action. "But they are being the silent spectators," the bench observed.

Singh said thousands of crores were offered to the farmers to procure equipment and help stop stubble burning. "We thought it would help stop in 2017, but it has not and that is why the CAQM has come today and now some officer has to be held responsible," she said.

One of the duties is to work with NCR States and CAQM has vast powers conferred including closure of polluting units, the court said.

“We are of the view that though the Commission has taken certain steps, the Commission needs to be more active and must ensure that its efforts and directions actually translate into reducing the problem of pollution," it added.

The bench also asked the CAQM to submit the details of their meetings and a better compliance report. The matter will be heard again on Oct 3.