Court On Its Own Motion (Air ... vs Union Of India And Ors.
2017 Latest Caselaw 3385 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Decided on: 18.07.2017

+      W.P.(C) 1346/2015 & CM Nos.35024/2016, 640/2017, 4383/2017,
       4384/2017, 8565/2017 & 18856/2017
       COURT ON ITS OWN MOTION (AIR POLLUTION IN DELHI)
                                                        ..... Petitioner
               Through: Mr. Kailash Vasdev, Sr. Adv. (Amicus Curiae)
               with Ms. Limayinla Jamir, Adv. and Ms. Divija
               Rajkhowa, Adv.

                        versus

       UNION OF INDIA & ORS                         ..... Respondents

Through: Mr. Ajay Digpaul, CGSC with Ms. Mohita, Adv. for UOI.

Mr. Vivek Goyal, CGSC with Ms. Namisha Gupta, Adv. for UOI.

Mr. Sanjeev Ralli with Mr. Prabhan Ralli, Advs. along with Mr. Dinesh Jindal and Dr. George, Officers of DPCC for DPCC.

Mrs. Avnish Ahlawat, Adv. for DTC.

Mr. Amit Gupta, Adv. for National Capital Region Planning Board.

Mr. Sakya Singha Chaudhuri, AAG Punjab with Mr. Anand Srivastava, Ms. Shreya Mukharjy, Advs. with Ms. Zehra Khan, Assistant AG Punjab.

Punjab Officials - Mr. Amrik Singh, Punjab Pollution Control Board, Mr. Manmohan Kalia, Joint Director, Agric. Engg. and Mr. Anil Kr. Sharma, Agric. Dept. Mr. Anil Grover, Standing Counsel, NDMC with Ms. Kanika Singh, ASC, Mr. Jitendra Kr. Tripathi, ASC and Ms. Noopur Singhal, Adv. for NDMC.

Mr. Sanjay Poddar, Sr. Adv. with Mr. Ajay Arora, Adv. for SDMC.

Ms. Aditi Gupta for Mr. Gaurang Kanth, Adv. for EDMC.

Mr. Virendra Kumar Tiwari for Mr. Pushkar Sood, Adv. for DMRC.

Mr. Anchit Sharma with Mr. Tarveen Singh Nanda, Advs. for Delhi Cantonment Board.

Mr. Anil Grover, AAG Haryana with Ms. Noopur Singhal & Mr. Chirag Babbar, Advs. for State of Haryana.

Mr. Shiv Mangal Sharma and Mr. Saurabh Rajpal, Advs. for State of Rajasthan.

Mr. Ramesh Singh, Sr. Standing Counsel for GNCT with Mr. Rahul Rajput, Adv.

Ms. Bhavana Duhoon, Adv. for R-19/NHAI.

Ms. Manisha Agarwal Narain, Adv. for CPCB. Mr. Pawan Mathur, Standing Counsel, DDA.

Mr. Anil Mittal, Adv. for State of U.P.

Mr. Shaheen with Mr. Puneet Taneja, Advs. for R- 28/NTPC.

Insp. Dinesh Kumar, T.I./Vivek Vihar, Traffic Circle. Insp. Akhilesh Mishra, T.I./Legal Cell, Traffic Circle. SI Ram Tirath, Pairvi Officer, Traffic.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P. GARG

MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)

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1. Mr. Anil Grover, learned AAG for the State of Haryana seeks leave to file the affidavit during the course of the day. The same is permitted. The copy of the affidavit is hereby taken on the record.

2. Learned counsel for the State of Punjab submits that an affidavit was filed yesterday vide diary No.132666. The same be traced and placed on the record.

3. The Court has considered submissions of the parties and considered the affidavits of the States of Punjab, Haryana, UP, Rajasthan and the National Capital Territory of Delhi.

4. The State of Haryana has referred to the steps taken to educate farmers about the ills of stubble burning, the use of an indigenous development called "Happy Seeder", the number of public advertisements issued to warn against the practice of stubble burning, etc. The affidavit also mentions about schemes to reward those who report instances of stubble burning, in farms and the penalties to discourage the practice. According to the State, a sum of above `303 crores is needed to eliminate stubble burning, through payouts as subsidies or support to use alternative methods, educate farmers, etc.

5. According to the State of Punjab, a Notification dated 22.10.2013 is in position, banning stubble burning. The State estimates the expenditure needed to eliminate the practice at `9391 crores through subsidy, encouragement of alternative methods and technologies, spending towards publicity and awareness programs, etc.

6. The State of Rajasthan's affidavit mentions that 4,23,000 farmers were made aware through several training camps, about the ill effects of stubble burning. According to the State, remote sensing methods are sought to be deployed to detect the practice and stop it.

7. The State of UP has, in its affidavit, generally talked about the need for greater public spending; it refers to some equipment, a few of which were procured for 7 districts that fall in the NCR region. Likewise, the NCT of Delhi's affidavit is in general terms.

8. Having regard to the nature of the responses given by the various States, most of which (except that of Punjab) are dated (as the affidavits

were filed in 2016), this Court is of the opinion that directions are needed to ensure that periodic information about the progress achieved by the States should be standardized. Further, additional directions to centralize the efforts of the states to have a common long-term and short-term plans, to eliminate stubble burning practice, is needed- if necessary by subsidies and promotion of alternative technology.

9. A direction is issued to the all the States: Punjab, Haryana, Rajasthan, Uttar Pradesh and the Govt. of NCT of Delhi, to file periodic status reports, through affidavits. These affidavits shall be filed not later than by the second Tuesday of every alternative month: the next affidavit, thus, being filed on or before 12th September, 2017, the affidavit thereafter to be filed before 14 th November, 2017 and so on. These affidavits shall contain the following particulars:

(1) The steps taken towards educating and creating awareness against the ills of stubble burning to all concerned parties: farmers, agricultural workers, etc;

(2) Notifications issued, if any, or amendments/modifications made thereto, with copies thereof;

(3) The number of times Standing Committees met during the interregnum period to monitor the progress of work done and gains, if any, achieved in that regard, together with copy of minutes; (4) The number of persons booked/fined for indulging in the practice of stubble burning;

(5) Progress achieved in regard to exploration of use of alternative technology or farming practice that would eliminate stubble, the rewards/incentives given as well as subsidies to stop the practice.

10. The Court hereby requires the Union Secretaries, Ministry of Environment, Forest and Climate Change; Science and Technology and of Agriculture & Farmer's Welfare to explore the possibility of creating a fund for innovation in farming techniques in co-ordination with such educational or technical institutions (IITs, etc) as are feasible (and practicable) in this regard, to innovate and develop the most environment friendly practices, which are also energy efficient and suited to use by farmers. The three Secretaries shall hold a meeting in this regard within three weeks. The Central Government may, if necessary, create a fund and a Task Force comprised of appropriate personnel in this regard. A report of the meeting and proposals discussed indicating the way forward and the views of the Central Government in this regard, shall be filed along with an affidavit [enclosing minutes of the meeting (s)] a week before the next date of hearing.

11. Order dasti to the parties and their counsel and Standing Counsel for all states, GNCTD and the Central Government. A copy of this order shall be separately marked by the Registry of this Court to the Union Secretary, Ministry of Environment, Forest & Climate Change; Union Secretary, Ministry of Science and Technology and the Union Secretary, Ministry of Agriculture & Farmer's Welfare.

List on 29th August, 2017.

S. RAVINDRA BHAT (JUDGE)

S.P. GARG (JUDGE) JULY 18, 2017