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Informist, Wednesday, Oct. 16, 2024

 

NEW DELHI - The Supreme Court Wednesday summoned chief secretaries of Punjab and Haryana for not complying with the orders of the Commission for Air Quality Management regarding stubble burning and air pollution. The court, which was hearing a case on rising air pollution levels in Delhi-National Capital Region and the issue of stubble burning in the neighbouring states, said both Punjab and Haryana have neither taken penal action "even in a single case", nor complied with the commission's direction under Section 12 of Air Quality Management in National Capital Region and Adjoining Areas Act, 2021.

 

The apex court told the Haryana government that it is levying only a nominal fine on people in contravention of the 2021 Act. "ISRO (Indian Space Research Organisation) is telling you the location where the fire was taking place and you say that you did not find anything. 191 cases of breach and only nominal fine taken. Absolute defiance of direction by commission under Section 12 of Commission of Air Quality Management in National Capital Region and Adjoining Areas Act, 2021. Complete defiance by Haryana," said the court.

 

Justice Abhay S. Oka said it was not a political matter and if the chief secretary of Haryana is acting on somebody's behest, the court will issue summons to that person as well. The apex court asked the Commission for Air Quality Management to take penal actions against officers of Punjab and Haryana under Section 14 of the 2021 Act. The court directed the commission to also make statements about the coercive actions taken against the officials. The Bench, also comprising Justice Augustine George Masih, said the Haryana chief secretary will give an explanation to the court not only for non-compliance but also for not taking stringent action against violators.

 

Referring to Punjab, the court said burning of paddy straw and stubble burning is going on in the state and the state government does not want to do anything under The Air (Prevention and Control of Pollution) Act, 1981. The Punjab government's advocate general said it was very difficult to comply with the commission's directions on ground and last time the state's officers were treated badly there by the people.

 

Replying to this, the top court remarked, "So you mean to say that let people suffer from air pollution, because the state is not able to comply with it". "The Advocate General of Punjab has said in so many words that it is not possible to prosecute and if that is so, people will keep paying a nominal fine and get away with it. Just a few thousand rupees pay and then continue stubble burning," observed the court.

 

Taking note of the affidavit filed by Punjab, the court said instances of fire reported by ISRO in the state were 267. Going by Punjab's data, out of 267 violators, nominal action has been taken only against 122 violators, said the court. It questioned the Punjab government whether they have made any recommendations to the Centre for solving the crisis. "On query by us, Advocate General (of Punjab) clearly states that no proposal for grant of funds for tractor and diesel for farmers have been made (by Punjab)," noted the apex court. 

 

Regarding members of the Commission for Air Quality Management, the top court said none was duly qualified or expert in the field of air pollution. The apex court noted that seven members of the enforcement committee of the commission were absent in the last meeting. The court said action must be taken against such frequent absentees. The court also questioned the commission on the expert agencies associated with its working and whether they were called in the meetings. 

 

Hearing an application regarding machines that were cost-effective and can be used for paddy straw disposal, the top court issued notices to the two state governments and the commission and sought its reply in three weeks.  End

 

Reported by Surya Tripathi

Edited by Vandana Hingorani

 

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