‘Be more active’: SC rebukes air quality management panel over Delhi pollution

New Delhi: In a stern rebuke, the Supreme Court on Friday criticised the Commission for Air Quality Management (CAQM) for its inadequate efforts to curb air pollution in Delhi caused by crop residue burning in neighbouring states. The court emphasised the need for more proactive measures from the commission to address the persistent issue.

A bench comprising Justice Abhay S Oka and Justice Augustine George Masih expressed dissatisfaction with the steps taken by the panel to control pollution. They urged the CAQM to exercise its authority under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021, more effectively.

“There has been total non-compliance of the Act. Please show us a single direction issued to any stakeholder under the Act,” the bench remarked. The court added: “We are of the view that though the commission has taken steps, it needs to be more active. The commission must ensure that its efforts and directions issued actually translate into reducing the problem of pollution.”

The Supreme Court underlined the importance of ensuring that stubble-burning alternative equipment is utilised at the grassroots level. The bench directed the panel to take immediate action to guarantee that the equipment provided by the Central government to avoid stubble burning is actually used by farmers.

During the hearing, Additional Solicitor General Aishwarya Bhati, representing the Centre, informed the court about the steps taken to control stubble burning, including issuing advisories and guidelines. However, the top court was not convinced, stating: “It is all in the air, nothing has been shown regarding what has been done in the National Capital Region (NCR) states.”

Rajesh Verma, Chairman of the Commission for Air Quality Management for NCT of Delhi, who attended the hearing virtually, reported that he had held meetings with the deputy commissioners of Punjab and Haryana where incidents of stubble-burning have been reported.

The Supreme Court has directed the panel to file a more comprehensive compliance report and scheduled the next hearing for October 3.

This development follows the court’s previous directive on September 24, asking the CAQM to explain the steps being taken to curb air pollution caused by crop residue burning. The top court had earlier noted that stubble burning was a significant contributor to the spike in air pollution in Delhi-NCR during winters.

In a related matter on August 27, the court had termed the pollution control boards of Delhi and NCR states as “ineffective” due to staff shortages. It had asked the CAQM to explain its proposed strategy to tackle pollution and stubble burning, which typically intensifies with the onset of winter.

The court also raised concerns about the functioning of the sub-committee on safeguarding and enforcement to be constituted by the CAQM, given the lack of representation from the pollution control boards of Delhi, Punjab, Haryana, Rajasthan, and Uttar Pradesh due to vacancies.

To address this issue, the Supreme Court directed the five NCR states to fill the vacant posts urgently, preferably before April 30, 2025. Additionally, the court instructed the CAQM chairperson to file an affidavit detailing the steps the commission plans to take to address the air pollution problem, which is often attributed to the burning of paddy straw in states adjoining the national capital.