All in air: SC raps Commission for Air Quality Management over stubble burning

New Delhi: The Supreme Court Friday rapped the Commission for Air Quality Management (CAQM) over its failure to curb air pollution in Delhi due to crop residue burning in the neighbouring states and said it needs to be more active in its approach.

Expressing dissatisfaction over steps taken by the panel to control pollution, a bench of Justice Abha S Oka and Justice Augustine George Masih said CAQM needs to exercise its power under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021.

"There has been total non-compliance of the Act. Please show us a single direction issued to any stakeholder under the Act.

"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 bench said.

The top court said efforts are needed to ensure that stubble-burning alternative equipment are used at the grassroots level.

The panel must immediately step into action to ensure the equipment provided by the Central government for avoiding stubble burning are actually used by the farmers, it added.

The bench directed the panel to file a better compliance report and posted the matter for hearing on October 3.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, informed the court about the steps taken, such as issuing advisories and guidelines, to control stubble burning.

However, the top court remarked, "It is all in the air, nothing has been shown regarding what has been done in the National Capital Region (NCR) states."

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

The apex court on September 24 asked the Commission for Air Quality Management in the National Capital Region and Adjoining Areas 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 one of the causes for a spike in air pollution in Delhi-NCR during winters.

On August 27, it termed the pollution control boards of Delhi and NCR states "ineffective" due to staff shortage and asked the body responsible for air quality management in the national capital and adjoining areas to explain how it proposes to tackle pollution and stubble burning which would spike with the onset of winter.

The top court had wondered how the sub-committee on safeguarding and enforcement to be constituted by the CAQM would function due to lack of representation from the pollution control boards of Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh due to vacancies.

It directed the five NCR states to fill the vacant posts urgently, preferably before April 30, 2025.

The top court had directed the CAQM chairperson to file an affidavit explaining the steps the commission proposes to take to check the air pollution menace, often attributed to the burning of paddy straw in states adjoining the national capital.