Hue & cry over stubble not factual, focus on vehicle, industry, dust: SC

New Delhi: Even as the Delhi government informed the Supreme Court on Monday that it is ready to impose a complete lockdown to curb air pollution urgently, the top court took issue with the emergency meeting convened by the Centre on Sunday, directing that another meeting be held today (Tuesday) — specifically on the agenda laid out by the top court.

The bench of CJI NV Ramana, and Justices DY Chandrachud and Surya Kant, said that construction, industry, transport, power and vehicular traffic are the major culprits in causing pollution — holding that the "hue and cry over stubble burning being a major contributor is not based on facts" — referring to tabulated data presented by the Centre in its affidavit.

After hearing what had emerged from the Sunday meeting, the court said: "This is not the way we expected an executive emergency meeting will be held. It is unfortunate that we have to set the agenda. The sum and substance is construction, power, transport, dust and stubble burning are the issues. Ask the committee created and decide how to implement the action plan by tomorrow evening."

Ordering another emergency meeting between the Centre and NCR states, the court said: "In fact, now the cat is out of the bag, the farmers' stubble burning contributes to 4 percent of the pollution... So, we are targeting something which is totally insignificant."

It went on to say: "So far as the stubble burning is concerned, broadly affidavits state that their contribution is not so much except for two months. However, at present a good amount of stubble burning is taking place in Haryana and Punjab," adding that the farmers be urged not to burn stubble for two weeks.

Referring to the Centre's affidavit, it said that 75 per cent of the air pollution is due to three factors — industry, dust and transport. "So if you take steps on them, the situation will improve. You focus on these issues," the bench said.

The court thus directed the Centre to decide on steps like stopping non-essential construction, transport, power plants and implementing work from home to tackle the situation. After Solicitor-General Tushar Mehta took the court through measures already being taken, the court noted that these looked more like long term measures and that the executive meeting should focus on urgent issues first.

On this, the Centre said restrictions proposed include an odd-even scheme for vehicular movement and a ban on the entry of trucks into the Capital, including a work from home policy being put in place.

S-G Mehta added: "We have suggested increasing parking fees to 3-4 times, so those who travel for no reason will avoid doing so. If the air quality goes to very poor, use of diesel generators will be stopped except in emergency cases like hospitals. Public transport will have to be boosted including an increase in bus and metro services. This is what we suggested to the Delhi government."

Doubling down during the hearing on Monday, the Centre, through S-G Mehta said: "I must admit that stubble burning now is not a major contributor to the pollution, as of now it's 10 per cent is what I have been told. Road dust majorly contributes to pollution. States and its agencies must be in complete readiness to implement emergency measures. Increase frequency of mechanised cleaning of roads and sprinkling of water on roads. Ensure closing of stone crushers in Delhi NCR."

Significantly, the Delhi government, in a detailed affidavit, outlined measures it is taking to control local sources of pollution, submitted that it has 69 Mechanical Sweeping Machines with it to clean dust from roads and will fund more machines as and when civic bodies requisition for more. But Senior Advocate Rahul Mehra, for the Delhi government, said that the onus of this was on the civic bodies, the top court was visibly irked and pulled up the city government for making 'lame excuses' and passing the buck to civic bodies for not taking emergent measures in handling the crisis.

Mehta told the court that all the states are doing their best and a total of 85,000 km length of roads has been swept in Delhi.

But even as the Delhi government said that it is doing everything in its capacity, it added that emergency measures like imposing a lockdown would only work out if they are implemented across all of NCR.

"GNCTD (Government of National Capital Territory of Delhi) is ready to take steps like complete lockdown to control the local emissions. However, such a step would be meaningful if it is implemented across the NCR areas in neighbouring states. Given Delhi's compact size, a lockdown would have limited impact on the air quality regime," the Delhi government said in its affidavit.

"This issue would need to be addressed at the level of airshed involving NCR areas. In view of the above, we are ready to consider this step if the same is mandated for the entire NCR areas by the government of India or by the Commission for Air Quality Management in National Capital Region and adjoining areas," it said.

The court 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.

At the outset, senior advocate Vikas Singh, appearing for the petitioners, submitted that he wanted to make some suggestions and submitted that construction should be regulated rather than being banned.

He said the Centre was not willing to take strong measures in view of the upcoming Assembly elections in Punjab and sought for the constitution of an independent commission to oversee the process.

To this, the court said: "We're in the midst of a crisis situation, we can't deal with new issues like the constitution of a committee. The government has filed a detailed affidavit. With reference to those steps you can make suggestions."