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Informist, Wednesday, Oct. 23, 2024

 

NEW DELHI – The Supreme Court on Wednesday said that prima facie Punjab and Haryana were not consistently implementing the penal provisions under The Environment (Protection) Act, 1986 and The Commission for Air Quality Management in National Capital Region & Adjoining Areas Act, 2021 for violating the acts. The top court was hearing a case on rising air pollution levels in Delhi-National Capital Region and the issue of stubble burning in the neighbouring states.

 

"Under section 14(1) of CAQM Act, penal action has to be taken against those officials who have not implemented the directions issued under section 12 of the CAQM Act. Instead of setting criminal law in motion, all that the Commission (Commission for Air Quality Management) has done is issue show cause notices," said the Bench of Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih.

 

The top court said that time has come to remind the central government and the state governments that there is a fundamental right vesting in every citizen under Article 21 of the Indian Constitution to live in a "pollution free environment". These are not the matters only of implementing the existing laws, these are the matters of blatant violation of fundamental rights guaranteed under Article 21 of the Constitution, the court added.

 

The court said it has found that selective action has been taken by the Punjab and Haryana governments against those burning stubble. In some cases, compensation has been taken and in very few cases first information reports have been registered, the court added. The compensation collected is also very minimal, said the court.

 

The Supreme Court said the commission cannot rely on the formula given by the National Green Tribunal for environmental compensation. The top court asked the commission to reconsider the environmental compensation rate they were collecting and prescribe the rate to be collected. According to Section 15 of the 2021 Act, the commission may impose and collect environmental compensation from farmers causing air pollution by burning stubble, at such rate and in such manner, as may be prescribed. Unless there is proper exercise of compensation mechanisms under Section 15, farmers will not be prosecuted, said the court.

 

As far as environment compensation under Section 15 of the 2021 Act is concerned, the Centre will have to take a call by amending the rules and provide for proper rates of compensation, said the apex court. "We expect the government to take action within two weeks from today," the court said.

 

The top court noted that there were certain amendments made to Section 15 of the Environment (Protection) Act, where prosecution has been substituted with collection of penalties. This provision has been rendered completely ineffective due to inaction on the part of the government, said the top court. Neither rules are framed for supporting the said provision nor the appointment of adjudicating officers under the provision has been made, though more than six months have elapsed, the court said.

 

The Supreme Court said that in the absence of machinery created by the government, Section 15 of the Environment (Protection) Act as amended has become toothless and there was nothing in the hands of law enforcing authorities to strictly enforce the provisions of the Act. Therefore, those who violate the laws are now scot-free as no action can be taken against them, said the court. The top court noted the assurance of the Centre that in two weeks the entire machinery will be in existence regarding Section 15 of the Environment (Protection) Act.

 

The court directed the Centre to immediately look into the proposal submitted by the Punjab government for release of additional funds so that provision for making available tractors and diesel can be made to those farmers who were holding less than 10 hectares of land. The apex court said that on the next date of hearing on Nov. 4, it would hear on issues regarding pollution created by transport in Delhi, Delhi and its peripheral industries, entry of heavy trucks in the city, and open garbage burnings in parts of Delhi.  End

 

Reported by Surya Tripathi

Edited by Ashish Shirke

 

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