Delhi HC suggests welfare organisation to move SC for air quality measures

New Delhi: The Delhi High Court on Wednesday suggested that Greater Kailash-II Welfare Association approach the Supreme Court with its plea seeking urgent steps to control hazardous air pollution levels in the national capital as a similar matter is already pending there.

The high court was of the prima facie view that dealing with the petition on air quality conditions in Delhi would amount to duality of proceedings as the apex court is also seized of the issue and has been passing directions from time to time.

"We are not saying that we cannot hear the matter but our concern is that the air quality issue in and around Delhi is engaging the attention of the Supreme Court so if the high court also proceeds parallelly, will it not amount to duality of proceedings? For the past 15-20 days, the Supreme Court has been passing directions in the air quality matter," a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said.

The petition, filed by Greater Kailash-II Welfare Association, has urged the court to order urgent, effective and scientific measures, both immediate and long-term, to control the city's air pollution.

The plea said the ambient air quality in Delhi has deteriorated drastically over the past several years, with AQI frequently entering the 'very poor', 'severe' and 'hazardous' categories, especially during winter.

The increased pollution has resulted in persistent and serious health issues among residents, including children, senior citizens and persons with pre-existing ailments, it said.

During the hearing, the bench said it was not saying that it cannot entertain this petition or that it lacks substance or that the issue raised in the plea does not require our attention, it was only worried about the duality of proceedings.

"If the issue relating to air pollution in Delhi and NCR has been taken care of by the Supreme Court which has issued certain directions from time to time, will it be appropriate for us also to take up these issues?

"Or will it be more appropriate and in your interest as well as in the interest of the general populace of Delhi to approach the Supreme Court and apprise it that these are the issues and these measures can be taken? Our concern is that only," the high court said.

The petitioner's counsel sought to differentiate the issues raised in this petition and those pending in the Supreme Court.

The Delhi government counsel said entertaining this petition here will lead to duplication of proceedings as the Supreme Court is also seized of a similar issue.

The high court permitted the petitioner to approach the apex court seeking intervention in the matter pending there and kept the petition pending before it.

The bench said a perusal of the November 19 order of the Supreme Court order revealed that it starts with a heading – issues regarding air quality conditions in Delhi.

"It does appear to us that the issues raised in this petition are already under consideration of the Supreme Court. The issues are primarily related to the degrading air quality conditions in Delhi.

"In these circumstances, we are of the prima facie view that instead of continuing the proceedings in this petition, the petitioner could better seek its intervention in the plea pending before the top court," the bench said.

The petitioner's counsel said he will seek intervention in the matter before the apex court or will seek clarification as to whether the high court can proceed with hearing the petition. Noting the submissions, the court adjourned the matter and listed it for further proceedings in January.

The plea said the authorities, which remained "virtually inactive" as the air quality steadily deteriorated, chose to issue "Stage III - steps to be taken" only after the AQI had crossed its critical level.

The government confined itself to merely prescribing measures on paper without ensuring their actual implementation, it alleged.

"Such belated and cosmetic action, without any real or substantial on-ground measures till date, has resulted only in further delay, recklessly endangering the lives and health of the people and demonstrating a complete disregard for the seriousness of the present public health emergency," the plea said.

It said that the experts issued a "red alert" on November 21 warning that the air in Delhi had become "life-threatening", yet no commensurate, concrete or effective action was taken by the authorities.

The plea said several representations made to the authorities have been in vain.

The petition has arrayed the Delhi government, Delhi Pollution Control Committee (DPCC), Central Pollution Control Committee (CPCC), Commission for Air Quality Management (CAQM), Municipal Corporation of Delhi (MCD) and Delhi Police as the respondent parties.