The air pollution uprising in the country, especially in the Capital has got everyone worried. It was obvious for the judiciary to interfere having noticed the irresponsible behaviors of Governments and the increasing hazard due to this. 

Addressing the same, the Supreme Court, at the start of the week passed a slew of directions.

The Court's order came out while dealing with a case namely, MC Mehta v. Union of India.

The bench comprising of Justice Arun Misha and Justice Deepak Gupta has passed several directions to deal with serious issues like stubble burning to vehicular emissions and construction dust.

Addressing the problems directly, instructions have been issued to the Municipal Corporation of Delhi and the Governments of Haryana, Rajasthan, and UP asking to file a report on what actions have been taken within three weeks, along with a compliance report of previous directions.

See Stubble Burning as a Serious Issue 

The Apex Court took into account the seriousness of stubble burning as a major cause of air pollution. 

In effect of the same, the Central Government and the State Governments of Punjab, Haryana, and UP have been directed to prepare a comprehensive plan to prevent stubble burning.

The Court has asked them to finally decide to incentive and disincentive of Rs.100/- per quintal and the in-situ farming. They have also been directed to prepare a Crop Residuary Management, vis-à-vis its use inter alia as fertilizer, cattle food and biofuel.

Along with it, the Court did ask to prepare a scheme for making available Combine Harvesters, Happy Seeders, Hydraulically Reversible MB Plough, Paddy Straw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill and Rotavators and balers, specially dedicated to small and marginal farmers, either free of charge or on nominal rental basis.

Smog is Severe 

Smog which is a major cause of reduced visibility eventually leading to accidents had special attention of the Court.

The Court has asked the Delhi Government to complete the installation of the proposed Smog Tower at Connaught Place within a time period of three months.

It too had asked the Government to install a similar tower at Anand Vihar. To make it happen, the Government has been asked to provide space of 30 x 30 meters for the installation of an experimental tower within seven days.

The Court has also ordered the use of "anti-smog guns" in Delhi and NCR region at Large construction sites; Road construction stretches, particularly during earthwork and compacting; Mining activities; Large parking sites on unpaved areas and during large public gatherings; and During demolition activities.

The Court has also mandated the use of anti-smog guns in Delhi-NCR in the projects that require environmental clearance from the State/Central level, on sites having a built-up area of more than 20,000 sq. mts., including excavation, material handling, and other dust-generating activities. To this end, the authorities have been asked to take policy decisions with respect to the cost of installation, duly considering the "polluters pay" principle.

Solid Waste Management

The Court has instructed all the four State Governments to identify dumped waste of plastic, industrial and other wastes and to ensure that waste is not burnt and is used for processing/incineration and piled up waste is removed on a time-bound basis.

For construction and demolition, the Governments are to file a status report regarding compliance with the Construction and Demolition Waste Management Rules, 2016.

In a strict tone, the Court has announced penal action against the developers who found flouting the norms.

Noting that there is only 55% capacity available with respect to lifting garbage and waste generated in Delhi, the Government has been directed to work out details with respect to the remaining 45% and place it before the Court, including the implements, tools, manpower and the expenditure required in that connection.

The Apex Court has also asked to point out the existing and deficit facilities of recycling of construction and demolition waste.

What are the other issues?

The Court via its order, not only addressed the major problems that are in the light but also addressed the deficient industrial waste management, the neglected problem of toxic vehicular and industrial emissions and inept traffic management.

It also took note of various field visits made by the Environment Pollution (Prevention & Control) Authority in the bordering areas of Delhi NCR and has asked them to take remedial measures with respect to the problems spotted there and file a compliance report.

The order has been issued by Justice ARUN MISHRA and Justice DEEPAK GUPTA on 13-01-2020.

Read Order Here:

 

 

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