SC directs Centre, NCR states to implement orders of panel to curb air pollution

A five-member enforcement task force has been set up to contain the air pollution situation

TT Bureau, PTI   |   New Delhi   |   03.12.21 : The Supreme Court on Friday directed the Centre and the states in NCR to implement the orders of the panel on air quality management to curb air pollution while ruing that some sections of the media have "portrayed" it as a "villain" which wants to close down schools here.

A special bench headed by Chief Justice N V Ramana also took note of measures taken by the Commission for Air Quality Management in National Capital Region and Adjoining Areas on Thursday and asked the Centre, Delhi and states in the National Capital Region (NCR) to follow the directions.

In an affidavit, the commission told the bench, also comprising justices D Y Chandrachud and Surya Kant, that a five-member enforcement task force has been set up to contain air pollution in Delhi and NCR.

Seventeen such flying squads have been constituted to ensure the implementation of various measures mandated by the court and the panel. The number would be raised to 40 within 24 hours, the affidavit said,

Ban on entry of trucks, excluding those carrying essential goods and those running on cleaner fuel, will continue, it said

Taking a note of the measures, the bench ordered, "We have perused affidavit by Centre and the Delhi government. We have taken into consideration the directions proposed. We direct the Centre and the government of National Capital Territory to implement the orders of December 2 and we keep the matter pending and will hear it on next Friday".

At the outset, the bench referred to certain news reports and said a message "intentionally or unintentionally" been sent that the court is the "villain" and it is ordering the closure of schools.

"One thing which we observed is whether intentional or unintentional and some sections of media portrays us that we are the villains who want to close down the schools. You (Delhi government) on your own opened the schools. But, see the newspapers..," the chief justice said.

Senior advocate A M Singhvi, appearing for the Delhi government, referred to a news report and said that one English newspaper reported that the apex court threatened to take over the administration.

"You (Delhi government) can condemn all of this but where do we go? Where did we say that we will take up an administrative role... We cannot interfere with the freedom of speech and expression and a political party can hold a press conference but we cannot do so," the bench said.

Solicitor General Tushar Mehta, in a lighter vein, quoted Mark Twain: "If you do not read newspapers you are uninformed and if you read them then you are ill-informed."

The bench said the issue of rise in pollution was not adversarial litigation and it will keep monitoring the solution.

It asked the Uttar Pradesh government to approach the commission on air quality management with its grievance against the direction that the industries, which was not running on cleaner fuel in NCR, will be allowed to operate for eight hours a day only.

Senior advocate Ranjit Kumar, appearing for Uttar Pradesh, said sugarcane crushing goes on continuously in this season and the direction will harm farmers.

The apex court, on Thursday, said nothing was happening on ground to control the deteriorating air quality in Delhi-NCR and directed the Centre and Delhi government to come out with suggestions to control the pollution within 24 hours.

It was hearing a plea filed by environmental activist Aditya Dubey and law student Aman Banka, who sought directions to provide stubble-removing machines to small and marginal farmers for free.

Air quality panel issues new orders

In a new set of directions to prevent further deterioration of air quality in Delhi and the National Capital Region (NCR), the Centre's air quality panel on Friday ordered shutting of educational institutions, allowing only online mode of education.

The Commission for Air Quality Management (CAQM) also directed that industrial operations and processes in NCR, not running on Piped Natural Gas or other cleaner fuels, shall be allowed to operate only up to eight hours a day from Monday to Friday and shall not be allowed to run on weekends.

All schools, colleges and educational institutions in the NCR shall remain closed, allowing only online mode of education, except for the purpose of conduct of examinations and laboratory practical, the commission said.

It also said its earlier directions on industries shall continue. According to these directions, all industries in NCR, still using unapproved fuels, shall be closed by the respective governments with immediate effect. Also the NCR states and the Government of National Capital Territory of Delhi (GNCTD) shall enforce a strict ban on use of diesel generators, except for emergency services.

In its new directions, the commission also stopped the entry of trucks in Delhi, except the electric ones and those running on Compressed Natural Gas, besides trucks carrying essential commodities.

The commission directed that the chief secretaries of the respective states and the Delhi government shall ensure implementation of these directions.

Strict enforcement of these directions as also the directions/orders issued by the commission from time to time since its inception shall be ensured by the respective agencies and implementation, compliance of the same shall be monitored by the chief secretaries of the respective state/GNCTD, the commission's order stated.

In view of the compelling need to prevent further deterioration of environment and towards improvement of air quality in Delhi and NCR, the commission, in exercise of its powers conferred upon it (by)... the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act 2021, directs that these measures shall be implemented with strict force with immediate effect, until further orders, it read.

The CAQM, an executive body set up by the Ministry of Environment earlier this year to oversee measures to curb air pollution in the NCR, Haryana, Uttar Pradesh and Rajasthan, also constituted task forces for each of these states to implement, enforce, monitor and report compliance status of its orders.