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REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

IA NOS.158128 AND 158129 OF 2019 IN

WRIT PETITION (C) NO.13029 OF 1985

M.C. MEHTA       …PETITIONER

VERSUS

UNION OF INDIA & ORS.     …RESPONDENTS

O R D E R

1. The matter pertains to the environment pollution with which we

are faced with today. Not only the air pollution is being caused

unabettingly, but we are also faced with the pollution of rivers in the

country.  With respect to the pollution been caused in Delhi and NCR,

this Court while considering IA No.127792 of 2017 has passed various

orders and  disposed  of the application  dated  29.1.2018  and  while

taking up the matter relating to the aforesaid Interlocutory Application

on 14.10.2019 required the Ministry of Environment, Forest and

Climate  Change,  Government  of India  to  submit its response along

with a status report.   The matter was thereafter listed on 4.11.2019.

Report No.106 was filed by EPCA with respect to pollution in hot spots

in Delhi and NCR regions.   Following order was passed by this Court

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on 4.11.2019:

“We have heard Mr. Bhurelal, who has pointed out about irrigation.   We have also heard some experts from the Ministry and the IIT

and learned senior counsel for the parties and Amicus Curiae.  Today everyone is concerned about level of pollution in Delhi and

NCR region. This is not something new, every year this kind of piquant situation arises for a substantial period. It is compounded by the fact that year to year in spite of various directions issued by High Court, other authorities including this Court the State Governments, Government of NCT of Delhi and the corporations of Delhi and nearby States are not performing their duties as enjoined upon them. This is a shocking state of affairs in which we are put as on today. This is blatant and grave violation of right to life of the sizeable population by all  these actions and the scientific data which has been pointed out indicates that life span of the people is being reduced by this kind of pollution which is being created and that people are being advised not to come back to Delhi or to leave the Delhi due to severe pollution condition which has been created. There cannot be large scale exodus. People have to perform their duty in Delhi also and people cannot be evacuated from Delhi being a capital city. We are at a loss to understand why we are not able to create a situation in which this kind of pollution does not take place,  that too in a routine manner every year. Obviously, it is writ large that the State Governments, Government of NCT of Delhi and civic bodies have miserably failed to discharge  their  liability  as  per  the  directive  principles  of  State  Policy which have found statutory expression,  they are being made statutory mockery and also the directions of this Court and High Courts in this regard are being violated with impunity.

Time has come when we have to fix the accountability for this kind of  situation which has arisen and is  destroying Right  to  Life  itself  in gross violation of Article 21 of the Constitution of India. No farmer can be  said  to  be  having  a  right  under  the  guise  that  he  is  not  having sufficient time to use the stubble for the purpose of manure, since they have less time between two crops, cutting and sowing of next crop. As such,  they  cannot  by  burning  it  in  their  fields,  put  life  of  sizeable population in jeopardy.

It is apparent from the satellite images which have been produced before us for the period 30.10.2019 to 04.11.2019. The satellite image clearly indicates that in Punjab there is widespread stubble burning which has taken place as compared to Haryana, in which only in four districts it has taken place. There is some burning in Western U.P. also. It could not have taken place even in a singular district or gram panchayat area as we live in a civilized country in which such kind of activities which create such  menacing  pollution  not  only  in  the  area  concerned  but  to  the neighboring States also, by ill-effects of that people cannot be left to die or to suffer various ailments.  

Everybody has to be answerable including the top state machinery percolating down to the level of gram panchayat. The very purpose of giving administration power up to the panchayat level is that there has to be proper administration and there is no room for such activities. The

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action is clearly tortuous one and is clearly punishable under statutory provisions,  besides  the  violation  of  the  Court’s  order.  In  the circumstances, as widespread stubble burning has taken place, we direct the States of Punjab and Haryana and adjoining State of Uttar Pradesh where there  is  blatant  violation which has  taken place,  to  halt  it.  We direct the Chief Secretaries of the States of Punjab, Haryana and Uttar Pradesh  to  be  present  in  this  Court  on  06.11.2019  including  Chief Secretary of Government of NCT of Delhi.

We direct the Chief Secretaries of the State Governments, District Collectors, Tehsildars, Director General, IG/SP and other police officers of the area of concerned police station and the entire police machinery to ensure  that  not  even  a  single  incident  takes  place  of  stubble  burning henceforth. If it is found that any stubble burning has been made not only that person doing it will be hauled up for the violation of the order passed by this Court but the entire administration, right from the Chief Secretary, Commissioner,  Collector  and  all  other  concerned  functionaries  and Panchayats.  Gram  Pradhan/Sarpanch  Panchayat  are  also  directed  to ensure that no such stubble burning takes place.

Let the State Governments of Punjab, Haryana and Uttar Pradesh and officials also explain that why they should not be asked to pay the compensation for tortious liability as they have acquiesced and due to their failure in preventing stubble burning which is in utter violation of the  Public  Trust  doctrine,  why  they  should  not  be  held  liable  to compensate, and also the incumbents who are burning the stubble in spite of clear restrictions imposed by this Court and statutory prohibition.

We also direct the Sarpanch of each and every Panchayat and SHO of the concerned area to prepare inventory of the incumbents who have burnt  the  stubbles  in  their  fields.  We also  direct  the  Sarpanch,  Gram Panchayat  as  well  as  the  concerned  police  of  the  area  and  local administration including the Collector and all subordinate authorities to ensure that no further stubble burning takes place. In case, any stubble burning  takes  place  responsible  machinery  from  top  to  bottom  and Sarpanch, Gram Panchayat shall be liable for tortuous act and for not complying  with  the  order  passed  by  this  Court  and  let  the  Gram Panchayat also advise forthwith the villagers not to involve in stubble burning any more and take appropriate action.  

We also direct the State Governments, Central Government as well as the Government of NCT of Delhi to take immediate steps to take care of the emergent situation due to air pollution which has taken place. No doubt about it that everybody knows the situation, let the steps be taken forthwith with the help of the experts. We direct the Government of NCT of Delhi as well as various corporations to work in tandem and to see that waste and garbage which is contributing to air pollution is tackled at war level. The efforts should be made right from today without any loss of time.

Let the EPCA consider as it was suggested by Ms. Aprajita Singh, learned senior counsel and the learned Amicus Curiae that diesel vehicle should not enter the Delhi. Let the EPCA immediately take the steps in this regard as may be considered appropriate as it has the power to do the needful taking care of the emergent situation.

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With respect to demolition and construction activities we direct that no demolition and construction activities take place in Delhi and NCR region.  In  case  it  is  found  that  such  activity  is  done,  the  local administration as well as the municipal authorities including the Zonal Commissioners, Deputy Zonal Commissioners shall be personally held responsible for all such activities. They have to act in furtherance of the Court’s order and to ensure that no such activity takes place.

We  are  informed  that  use  of  coal  based  industries  have  been stopped.  In  case  any  violation  of  this  is  found  the  concerned  person including Zonal Deputy Commissioner would be liable for violation of the order of this Court and liable to be punished for contempt of Court.

It was also pointed out by Mr. Sanjiv Sen, learned senior counsel, that during odd/even scheme in Delhi more use of two wheelers and three wheelers has taken place and they are being plied more causing equal pollution, as such no useful purpose is being served by stopping the use of certain vehicles only on the basis of odd and even numbers. He has also pointed out that it  would be appropriate to stop the use of diesel vehicle,  in  case  it  is  necessitated  as  the  diesel  vehicles  cause  more pollution as compared to petrol and CNG vehicles. Let the Government of NCT of Delhi explain this aspect and file the data in this regard in the Court  on  the  basis  of  the  previous  experience  and  whether  if  three wheelers and taxies are plying more on road during such restriction and relevant data be placed.

During Odd/Even Scheme what is the difference being caused by stopping use of four wheelers when various other contributory factors are not taken care of by Government of NCT of Delhi. An affidavit has been filed by the Ministry of Environment and Forest, in which in paragraph 10 following facts have been mentioned. Air quality, winter inspections 2019-20 status till 31.10.2019 is extracted hereunder:-

“AIR QUALITY WINTER INSPECTIONS’ (2019- 2020) STATUS – till 31.10.19  

Total complaints lodged : 1646  

Total inspections – 249  

Major Sources reported

C &D Open Dumping of waste / garbage

Unpaved Road/ Pit

Road Dust Garbage Burning

Traffic Congestion

496 407 201 154 126 81

Source Delhi NCR C&D  New  Delhi  District

(10.3%)  East district (9.8%)  West district (8.2%)

 Noida (12%)  Faridabad (11.7%)  Gurugram  (South)

(10.9%)  Ghaziabad (8.5%)

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Open dumping of waste/garbage

 New  Delhi  District (17.44%)

 East  district (14.98%)

 South district (7.8%)

 Noida (9.58%)  Faridabad (8.84%)  Gurugram  (South)

(6.14%)  Ghaziabad (5.4%)

Unpaved Road/ Pit  South  West (10.59%)

 East & south district (9.67%)

 North  West  district (7.37%)

 Ghaziabad (12.44%)  Faridabad (9.21%)  Noida (8.75%)

Road Dust  East  District  (22.72 %)

 North  West  district (7.14%)

 North district (5.8%)

 Ghaziabad (16.23%)  Meerut (11.6%)  Noida (8.44%)  Sonipat (5.84%)

Garbage Burning  North  west  District (13.5%)

 North  district (10.3%)

 North  East  district (9.5%)

 Gurugram  (South) (15.1 %)

 Noida (12.7%)  Faridabad (9.5 %)

Traffic Congestion  North  District (23.5%)

 East district (13.6%)  Central  district

(11.1%)

 Ghaziabad (4.9%)  Noida (3.7%)

Major polluting activities defined in identified hotspot regions :

1. Jahangirpuri   Open dumping of garbage & C&D  Traffic congestion  

2. Rohini  Road dust   Open dumping of garbage

3. Bawana   C&D & Unpaved roads   Open dumping of garbage & road dust

4. Ashok Vihar   Open dumping of garbage & C&D  Road dust  

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5. Wazirpur   Open dumping of garbage   C&D

6. Vivek Vihar   Traffic congestion   C&D  Open dumping of garbage & road dust

7. Anand Vihar  C&D  

8. Punjabi Bagh   C&D  

9. Mundka   Unpaved roads   C&D and industrial waste dumping

10. Narela  Industrial waste – dumping & burning   Garbage – dumping & burning

11. Okhla   Open dumping of garbage   Open dumping of industrial waste and C&D  

12. Dwarka   C&D  Unpaved road  

13. Mayapuri  Unpaved road   Road dust

14. Sahibabad   Unpaved road  Road dust   Open waste dumping   C&D  

15. Udyog Vihar   Open dumping of garbage  Unpaved roads

16. Faridabad  C&D  Open dumping of garbage  Unpaved roads  Open burning  Industrial waste dumping

As  per  the  Air  Quality  Inspection  Construction  and  demolition activities in Delhi/NCR region causing damage in NOIDA, Faridabad, Gurugram,  Ghaziabad  as  well  as  instances  of  Delhi  have  also  been mentioned.

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1. Construction and demolition 2. There is open dumping of waste/garbage. 3. Unpaved road/pit. 4. Road dust. 5. Garbage burning. 6. Traffic congestion.

We direct that construction,  demolition and activities be stopped forthwith as well  as garbage burning. In case,  any person is  found in construction and demolition activity and garbage burning in Delhi and NCR region, he/she shall be penalized. Any person is doing construction and demolition activity in violation of this order, shall be penalized with Rs.1 Lac for such activity. For garbage burning he/she shall be penalized with Rs.5,000/- and besides liable for violation of the order passed by this Court to be dealt with in accordance with law.

With respect to open dumping of waste and garbage, we direct the Government  of  NCT  of  Delhi  as  well  as  the  concerned  Municipal Corporation to chalk out immediate plan and to ensure that waste and garbage to be removed to safe places forthwith and also to ensure that no open dumping takes place. We direct Zonal Deputy Commissioner to be responsible with other officers in this regard. Let road-maps be prepared so as to provide proper amenities in order to prevent open dumping of waste and garbage, and be placed before this Court within four weeks.

For  taking  care  of  the  road  dust  let  water  sprinklers/dust suppressors  be  used  on the  roads.  An IIT expert  suggested  about  the appropriate  water  pressure  for  the  sprinklers.  At  what  pressure  water should be sprinkled so as to reduce the pollution and dust so that it does not add to the pollution. Let the Corporations act on advice of the expert of the IIT. Such roads where traffic congestion is more, let traffic plan be also prepared in  such a manner  so that there is  no extra  burden on a particular road so that traffic congestion is taken care of.  It  is for the concerned traffic authorities to take immediate steps in this regard.

Since  we  are  fixing  the  liability  on  the  person  responsible  for inaction at the village level as well as three States in the NCR regions as well  as Delhi, let the widest publicity by all  means of publication i.e. Television, Media, newspapers, Radio be made. In Gram Panchayats by beat of drums also and other modes to ensure that villagers are made aware of their responsibility and liability towards the other humans so that they do not involve in such acts. Let the Gram Panchayat, police station,  district  and  taluk  levels  by  the  concerned  administration  take steps in this regard.  Let the State Governments also take the requisite steps to extinguish the stubbles which are burning and for that let State Level  High  Level  Committee  meet  forthwith  and  take  appropriate decision  and  implement  it.  Steps  taken  be  informed  to  this  Court  on 06.11.2019 by the concerned Chief Secretaries of the three States and Government of NCT of Delhi.

Let the concerned authorities of EPCA meet forthwith and take a call in this regard with respect to industrial activities which are causing pollution how to control it. We also direct all pollution control Boards of

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three  States  and  Government  of  NCT  of  Delhi  that  polluting industries/activities against norms are put to halt forthwith.

It  was  also  submitted  by  M/s.  Sanjiv  Sen  and  Gopal Sankaranarayanan,  learned  senior  counsel  that  in  certain  States generators are also being used which increase pollution mainly due to cut off of the electricity supply. Generators in Delhi also add to pollution in Delhi  as  well  as  in  NCR  region.  Let  the  State  Governments  and Government of NCT of Delhi ensure that electricity is not cut so that generators are not used and let no generators be used till  next date of hearing except in emergency/healthcare services.

Let the State Governments, NCT of Delhi and also the Government of India prepare a road map for preventing this kind of situation in future and be placed before this Court, within three weeks. Let the Action Taken Report be submitted within four weeks.

Directions/order to be effective unless otherwise ordered.  List on 06.11.2019 at 3.30 P.M."

2. It  was noted by this Court  that  there  is  a blatant violation of

Article 21 of the Constitution i.e., Right to Life by the serious kind of

pollution which is being caused by various factors including stubble

burning.  The  stubble  burning in the  month  of  October/November

comprises approximately 40% of the pollution, but for the remaining

period, stubble burning is not the cause of pollution in Delhi and NCR

region.   It was noted by this Court that various other factors which

were responsible for causing pollution are as under:

1. Construction and demolition activities.

2. Open dumping of waste/ garbage.

3. Unpaved roads/ pits.

4. Road dust.

5. Garbage burning.

6. Traffic congestion.

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3. Various hot­spots in Delhi and NCR regions were identified as

noted in the report.   This Court has noted the problem of farmers in

stubble burning as short gap between two crops due to which

agriculturists indulge in stubble burning.   We have seen the satellite

images of  Punjab where stubble burning was more as compared to

Haryana and Western Uttar Pradesh from the records of the previous

years.

4. We have observed that the entire machinery involved in the

administration  has to  be  held responsible for such  a tortious  act.

Particularly, in view of the fact that this problem is not new and is

continuing since long, and the authorities have not been able to find a

solution, every year, hue and cry is raised.  The same reflects badly on

the administration, its lethargy is writ large by not taking appropriate

action timely and preparing a scheme for its prevention.   

5. In the circumstances,  we  have issued  directions to the  Chief

Secretaries  of the States of Rajasthan, Haryana, Punjab, and NCT of

Delhi.  This  Court  has  also issued directions to  all the  authorities

including panchayats and concerned administrative authorities to

ensure that  stubble burning does not take place.  Other directions

were also issued to be taken care of by the Environmental Pollution

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(Prevention and Control) Authority (EPCA).  Considering the precarious

situation, we also restrained demolition and construction activities for

the time being and directed the Municipal Authorities, Zonal

Commissioners and Deputy Zonal Commissioners to take care of the

situation.

6. Some learned counsels have pointed out the fallacy of the odd­

even scheme also as this was applied to the cars which are

contributing to three percent of the pollution and also 28% caused by

the vehicular pollution and then approximately 50% cars operate in

Delhi even on those days having odd or even numbers.   Thus, it was

pointed out that it  was not the solution. We have called for certain

data in this regard also.

7. The  matter  was taken on 6.11.2019 by  this  Court.  We have

heard the Chief Secretaries of various States, including the Attorney

General and passed the following order:  

“Heard Sh. K. K. Venugopal, learned Attorney General for India, Sh.  Tushar  Mehta,  learned  Solicitor  General  of  India,  Mr.  A.N.S. Nadkarni, learned Additional Solicitor General, Mr. P.S. Narasimha, learned senior counsel.

We have also heard the Chief Secretaries to the States of Punjab, Haryana,  Uttar  Pradesh  and  Govt.  Of  NCT of  Delhi  in  extensive detail,  who  have  appeared  today  pursuant  to  our  order  dated 04.11.2019. We have also heard Mr. Charanpal Singh Bagri, learned counsel appearing for the farmers. We have heard Mr. Bhure Lal as well.

We find that in advance, no serious groundwork was made by the concerned States where the stubble burning is taking place. This Court passed an order on 29.01.2018. The comments and recommendations made by EPCA on the report of the Sub-Committee of the High Level

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Task Force on prevention of stubble burning in Punjab, Haryana and Western  Uttar  Pradesh  was  considered  by  this  court.  This  Court directed the High Level Task Force to adhere to the timelines decided upon by itself and to ensure full compliance by all concerned. This Court also directed the Union of India to give publicity to the Report of the High Level Task Force so that the people are aware of the action been taken. Publicity can be given through print and electronic media as well. Thus, in the pious hope that stubble burning and its impact on the  environment  shall  be  taken care  of,  this  Court  disposed of  the application.

The Report of the Sub-Committee of the High Level Task Force on stubble burning in Punjab, Haryana and Western Uttar Pradesh has been placed on record, in which a suggestion was made to offer Rs. 100/- per quintal as incentive and disincentive both.

The Chief Secretary to the States of Punjab has placed on record the action plan for control of burning of the crop in the State of Punjab dated 01.10.2019. However, the same does not contain the proposal to pay Rs. 100/-. The steps taken by the State of Punjab, pursuant to the order passed by this Court on 04.11.2019 have been placed on record by  the  Chief  Secretary,  which  we  take  on  record,  in  which  a suggestion has been made to offer financial  support in the form of operational  cost  of  crop  residue  management  equipment  to  play  a positive role to achieve zero stubble burning. It has been proposed that the amount of Rs. 100/- per quintal would come to Rs. 2000-2500/- per acre. It was also stated that there is a crop of approximately 24 quintals per acre.

Be that as it may, we direct, in the facts and circumstances of the case, to take care of the stubble, which has not been burnt by the small and marginal farmers in the States of Punjab, Haryana, and Western Uttar  Pradesh  and  to  provide  them  financial  support,  quantified amount at Rs. 100/- per quintal of Non-Basmati Paddy, shall be given to  those  farmers  within  seven  days  from  today  by  the  State Governments to those who have not burnt the stubble.

The Central Government has provided the Scheme of Promotion of Agricultural Mechanization in the States of Punjab, Haryana, Uttar Pradesh and NCT of Delhi for the period of 2018-19 and 2019-20 with a  total  outlay  of  Rs.1151.80  Crores  for  in-situ  Crop  Residue Management such as Super Straw Management System for Combine Harvesters,  Happy  Seeders,  Hydraulically  Reversible  MB  Plough, Paddy Straw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill and  Rotavators  are  promoted  with  50%  subsidy  to  the  individual farmers and 80% subsidy for establishment of Custom Hiring Centres of these machines. The Central Government has disbursed its 100% share of funds amounting to Rs. 269.38 Crores, Rs. 137.84 crores, Rs. 148.60 Crores and Rs. 28.51 Crores to the States of Punjab, Haryana, Uttar Pradesh and Central Agencies respectively.

It appears from the statements made by the Chief Secretary to the State  of  Punjab  and  Mr.  Charanpal  Singh  Bagri,  learned  counsel appearing for the farmers that most of the farmers burning stubble are of the category of small and marginal farmers in the State of Punjab

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and the Cooperative Societies give the machines on hire basis, which cannot be afforded by the small and marginal farmers. We have been assured by the Chief Secretaries to the State of Punjab, Haryana, Utter Pradesh that they will be dedicating certain machines for the use of small and marginal farmers. Even operational expenses shall be borne by  the  State  Governments  for  the  time  being  till  the methodology/policy is devised to provide proper facilities of machines dedicated to  small  and marginal  farmers in  each of  the States.  Let roadmap be prepared for that purpose as it is this class of farmers who requires a support as it is by way of compulsion and short duration of time between two crops and they cannot afford the machines which are valuable, having high cost and there is so much small gap between two crops that they are forced to burn stubble in the circumstances.

As projected by the Chief Secretary that the Government is not able to provide financial support to these small and marginal farmers, cannot be accepted.  Agriculture is the backbone of the economy of this  country.  Its  interest  cannot  be  overlooked  and  self-created bankruptcy cannot rescue it when the State has the obligation towards the agriculture. The Central Government is providing the money. The State  Government  has  contributed  to  it.  They  cannot  ignore  the interest of the small and marginal farmers. It is the bounden duty of the Central as well as the State Government to ensure the interest of these class of farmers is catered and they have the facilities of farming and harvesting by modern machines. It should not be prerogative of the chosen few, those who have the money, means and power to afford these luxuries. It is absolutely necessary that poor farmers are equally provided with the modern facilities  which are necessary to prevent such  incidents  of  stubble  burning  and  the  State  Governments’ selfcreated bankruptcy or paucity of funds cannot be a guise, not to discharge its obligation, as laid by this Court in “Municipal Council, Ratlam Vs. Vardhichand & Ors.”, reported in AIR 1980 SC 1622. We have issued the directions to the various States in accordance with the spirit of the aforesaid decisions.

The Central Government has also its role to play in the matter. In spite  of  releasing  the  funds,  constituting  High  Level  Committee, submitting report to the Court on the basis of which this Court has passed  the  order  on  29.01.2018,  nothing  happened  to  prevent  the stubble burning and it has increased this year. Stubble burning took place last year also. That was enough to put on guard the machinery of various Governments, but they did not act in the real earnest. That is why, the incident of stubble burning for want of proper  policy has taken place in utter disregard to Court’s order. Even the suggestions which were made in the Report, which had been considered by this Court  in  January,  2018 that  Rs.  100/-  to  be provided as  incentive, could not be finalised is nothing but the pathetic state of affairs  in which we are put as on today. The total apathy is writ large.

The authorities,  concerned Committees,  the  State  Governments ought to have acted to discharge their duties. Directive Principles of the State Policy have been left out of the purview of the Courts for the reason  that  the  State  Governments  should  have  full  freedom  to

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implement those in the manner it so desires and the Courts may not become  the  hurdle  in  implementing  the  schemes  when  they  have found  expression  in  various  schemes.  The  schemes  cannot  be permitted to remain dead letter as futility of such schemes is injurious to the very rule of law and can create anarchy. When schemes have been framed, they are to be implemented and we fully agree with the submission  raised  by  the  Attorney  General  for  India  that  for  this pathetic  state  of  affairs,  officers  cannot  escape  from  their responsibility  and  liability.  They  have  to  be  held  liable  for  their inaction and for the situation which is being created every year. When we come to  the  responsibility  of  the  officers,  obviously,  each  and every  incumbent  manning  the  State  Government  also  becomes responsible to take steps in the positive direction. To punish farmers is not an ultimate solution. To provide them the basic facilities, amenities and modern equipment is the call of the day, which has not taken place and the benefits which are being given to the cooperative societies are being usurped mostly by the big farmers. Small and marginal farmers are still not able to reap the fruits of these schemes/machines. We are assured by the Chief Secretaries that they will  be looking into this aspect and definitely taking action for allocating these machines to small and marginal farmers. Let them consider at present even without charging  anything  from them.  We direct  the  State  Governments  to dedicate these machines, modern equipment for the service of small and marginal farmers for the time being even if necessary free of cost. Let concrete steps be taken and action taken report be submitted to this Court within a period of one month from today by the concerned State Governments.

We have  been  informed  by  the  Chief  Secretary  of  the  State  of Punjab that they have ordered certain machines to be purchased in the month of July, August and September, 2019. They are receiving the requisite  machines  everyday.  We expected and it  was  required  that steps should have been taken timely for procuring these machines and to  make them available  before  the  harvesting  season came for  the crop. Now we expect the State Governments to procure the machines as  early as  possible  and submit  a  report  in  this  regard within  four weeks from today.

It  was  suggested  by  the  Attorney  General  that  it  would  be appropriate  to  direct  the  concerned  Ministries  of  the  Central Government as well as the State Governments involved in the matter to prepare a comprehensive plan to take care of the situation. It is a welcome  suggestion  and  we  accept  it.  We  direct  the  Ministry  of Agriculture, Ministry of Environment and Forests and the States of Punjab, Haryana and Uttar Pradesh and the Government of NCT of Delhi  to  prepare  a  comprehensive  scheme  to  take  care  of environmental  issues  and  all  such  ancillary  issues  taking  care  of providing small and marginal farmers with modern equipment and let such a scheme be prepared not only for these States but for various other States where such facilities are lacking and are required to be provided. For that, modalities may be worked out as per the scheme to be framed by the Central Government in collaboration/ consultation

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with  the  various  State  Governments.  Let  it  be  done  within  three months from today and the report of the steps to be taken be submitted to this Court.

For the time being, we direct the States of Punjab, Haryana and Uttar Pradesh to disburse the money and they should not wait for or write letters to the Central Government to give certain funds for this purpose. Let it be released forthwith and any noncompliance of the same would be viewed seriously, is made clear to the concerned Chief Secretaries, who are present in this Court.

We will take a final call on the aspect of finance also when we consider the detailed report to be submitted by the State Government and  after  hearing  the  other  stake  holders,  including  the  Central Government.

It has been pointed out by the learned counsel appearing for the farmers that certain petitions are pending. As prayed jointly, CWP No. 23799 of 2017 titled as “Bhartikisan Union Vs. Union of India and Others” and CWP No. 15582 of 2018 titled as “Charanpal Singh Bagri Vs. Union of India & Ors.” Filed by the farmers in the High Court of Punjab and Haryana, they are transferred to this Court for being heard along with this matter.

We have heard the Chief Secretary of Delhi also and have pointed out the tables extracted in the order dated 04.11.2019 passed by this Court there are various factors which are contributing to the pollution in Delhi such as construction and demolition, open dumping of waste, garbage,  unpaved  roads/pit,  road  dust,  garbage  burning  and  traffic congestion. It is apparent from the table extracted in the order dated 4.11.2019 that contribution to large extent is made by the aforesaid factors and stubble burning in the other States has contributed to 40% to 44% only.  It  is  the shocking state of affairs  that in the National Capital of Delhi there are unpaved roads/pits. We have not been able to take care of the road dust in spite of spending huge amount every year, open dumping and waste, garbage burning is still taking place. Basically, the Corporation and the Government of NCT of Delhi has failed  to  prepare  a  proper  scheme  in  this  regard.  When  the garbage/waste can be managed in Pune and Indore very effectively, why  we  cannot  have  a  waste  management  scheme  in  Delhi, particularly  when  it  is  the  capital  city  and  face  of  India.  This  is reflective of a total apathy of the officers and lack of planning and nonaccountability for the money spent, which is responsible for the situation  in  which  we  are  put  today.  It  is  only  the  Monitoring Committee which is doing its job effectively, otherwise position would have been much worse. We expect all the authorities to take care of the situation, we request the Monitoring Committee also to look into these aspects and compliance is made. We authorize them to look into these aspects, whether orders of this Court in this regard are being appropriately carried out or not and submit a report to this Court.  

It has been assured by the Chief Secretary of the NCT of Delhi that most of the aspects will be taken care of within seven days. They have made a consultation with the IIT Expert on the pressure with which water to be sprinkled on the roads and chemicals to be used so as to

15

settle the dust. We hope and trust that the statement made by the Chief Secretary is carried out in true letter and spirit and let a compliance report in this regard be filed in this Court, taking the steps not only with respect to these works but various hot spots which have been pointed out with respect to Delhi by the Government of NCT of Delhi, with  respect  to  other  places  such  as  Faridabad,  Gurugram etc.  we direct the concerned Chief Secretary to the States to take care of those hot  spots  and  to  submit  a  compliance  report  of  the  needful.  With respect to unpaved roads/pits, there should ideally be no pits/potholes as they are cause of various accidents and accidental deaths. There are uncovered  chambers  also  which  are  left.  Unpaved  roads  have  also contributed  to  the  pollution  and  dust.  Let  a  concrete  plan  in  this regard, notwithstanding colony is legal and has been handed over or not, be prepared and submitted to this Court by the Government of NCT of Delhi in collaboration with and consultation of the various corporations and time frame for that be also stated. In how much time they are going to improve the road conditions. Pits/potholes be taken care of positively within three weeks from today.

8. This Court vide order dated 29.1.2018 has directed the

constitution of a High Level Task Force to adhere to the timeline

decided and compliance  by all concerned.   This  Court  has earlier

directed the Union of India to publish the report of the High Level Task

Force so that people are being aware of the action being taken.

Publicity was to be given in print and electronic media as well.  Acting

upon the  public trust doctrine imposed  upon the authorities, this

Court has disposed of the application.  A report of the Sub­Committee

of the High Level Task Force was submitted before this Court in which

suggestion was made  to  give  Rs.100/­ per  quintal  of incentive  and

disincentive both.

9. Pursuant to the order passed by this Court on 4.11.2019, the

Chief Secretary of Punjab placed on record a suggestion to offer

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financial  support in the  form of  operational  cost of  Crop Residuary

Management Equipment to play a positive role to achieve zero stubble

burning.   It  was proposed  that  an amount of  Rs.100/­ per  quintal

would come to Rs.2000­2500/­ per acre as yield is approximately 24

quintal  per  acre.  Considering the  aforesaid,  we  have directed that

financial support of Rs.100/­ per quintal for Non­Basmati Paddy shall

be given to those farmers  who  have not burnt the stubble as an

incentive.  For in­situ crop residue, Central Government has provided

a scheme of promotion of agricultural mechanization in the States of

Punjab, Haryana, Uttar Pradesh and NCT of Delhi.   For the

management of straw 50% subsidy has been provided to the individual

farmers and 80% for the establishment of Custom Hiring Centres for

procuring machines as mentioned in the order.  

10. It was pointed out that marginal farmers and poor farmers burn

the stubble as they do not have means either to purchase or to hire the

machines such as Super Straw Management System for Combine

Harvesters, Happy Seeders, Hydraulically Reversible MB Plough, Paddy

Straw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill and

Rotavators,  etc.  The  interest of these classes of farmers has to be

looked into by the concerned State Government so that they are able to

do harvesting by the modern machines and facilities.  This Court has

noted that adequate steps have not been taken by the concerned State

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Governments and the Committees  despite the order  passed by  this

Court. They ought to have discharged their duties.   This Court also

directed the State Government to dedicate certain machines with

modern equipment for the service of small and marginal farmers.   A

comprehensive plan was ordered to be prepared to take care of  the

situation.   We have directed the Central Government to work in

collaboration and consultation with various State Governments to do

the needful within three months and to submit a report in this Court.

11. This Court also observed as to why there is no proper system of

disposal  of  garbage and waste management and the proper scheme

has not been prepared in this regard by NCT of Delhi.  When it can be

managed in cities like Pune and Indore effectively, it is disheartening

to note that Chief Secretary has ultimately stated that they have an

arrangement for only 55% of the garbage and waste and not for the

remaining 45% per year. In these circumstances, we have directed the

Monitoring  Committee to look  after these  aspects  and to submit  a

report with respect to NCT of Delhi.   We have also directed that

unpaved roads, potholes should also be taken care of.  Potholes are the

cause of various accidents and accidental deaths.   We have directed

that potholes be taken care of  within three weeks and for unpaved

roads, a comprehensive plan be prepared.

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12. This  Court thereafter took  up the  matter on  13.11.2019  and

passed the following order :

“RE : SMOG IN DELHI

We have asked the learned counsel appearing for the Union of India  as  well  as  the  Government  of  NCT of  Delhi  to  convene  a meeting by tomorrow for working out the feasibility of installation of smog towers  which  take  care  of  the  smog within  certain  range of kilometers, to say 3 to 10 kms and place their concrete proposal before us as it is an urgent matter from the point of view of Delhi.

We  direct  the  Central  Pollution  Control  Board  (CPCB)  to produce the record of each and every day from 02.11.2019, including that of 11th and 12th November, 2019, which were not odd/even days, till 14.11.2019. The record of the month of October 2019 shall also be produced before this  Court.  The day-to-day record of the last  year, maintained  by  CPCB,  for  the  same  period  from  01.10.2018  till 31.12.2018 and January and February 2019 be also placed on record before  this  Court.  Let  the  requisite  affidavit  be  filed  on  or  before 15.11.2019.

As requested by Mr. Dhruv Mehta, learned senior counsel, let additional documents/affidavit be filed during the course of the day.

Notice be issued in W.P. (C) No. 1333 of 2019 (Item No. 309 - Odd/even case) and be listed along with this matter on 15.11.2019.

A copy  of  the  writ  petition  be  furnished  on  the  standing counsel for the respondent.“

13. This Court directed the Union Government and Government of

NCT of Delhi to convene a meeting to consider the feasibility of

installation of Smog Towers.   

14. On 15.11.2019 following orders was passed by this Court:

“A joint affidavit on behalf of Ministry of Environment, Forest and Climate Change and Central  Pollution Control Board has been given in Court today along with some letters one of which was sent to Department of Science and Technology dated 31.10.2019 (Annexure R/3) regarding establishment of towers to remove pollution but a final decision  is  required  to  be  taken  on  the  said  proposal.  The  above affidavit is taken on record.

As prayed, let a decision in the matter be taken within seven days from today.

With respect to Project Vayu, let  the concerned stakeholders

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file  their  response as  to  how much time will  be  taken to  note  the results  of  the  trial  and  the  minimum period  required  for  that.  The requisite affidavit be filed within seven days.

We have heard Member Secretary,  Central  Pollution Control Board (CPCB) and other senior counsels/counsels appearing for the parties. The Member Secretary, CPCB has pointed out that pollution caused due to stubble burning has been reduced to approximately 5%, however, residue remains of the previous stubble burning that is also adding to the pollution. It was also pointed out that vehicular pollution adds to 28% of the total pollution of Delhi. Out of that 8% is created by trucks, 1% by tractors, 3% by buses, 3% by cars, 7% by two-wheelers, 5% by three- wheelers, 1% by LCVs. He has pointed out that odd-even scheme is applied to the cars only, which contribute only 3% out of 28% of the total  pollution caused by the  vehicular  traffic  in  Delhi.  Mr.  Mukul Rohatgi,  learned  senior  counsel  has  also  pointed  out  that  applying odd-even  scheme  with  respect  to  cars  cannot  be  said  to  be  a wholesome solution. However, in the absence of the effective public transport,  two-wheelers  and  three-wheelers  plying  has  not  been stopped.

Another factor which is important for causing environmental pollution in Delhi and NCR region is said to be construction activities. Agricultural  burning  is  adding  to  4%,  industries  30%  and  the residential  sector  in  the  form of  Bio  Mass,  Kerosene  and  LPG  is adding to 10% in total.

It  was  also  pointed  out  that  there  are  complaints  that  some vehicles are plying illegally using kerosene in Delhi/NCR and Delhi Pollution  Control  Committee  (DPCC)  has  power  and  authority  to check such use in Delhi. The DPCC can do the needful in the matter. We direct  DPCC to  ensure  the  random checking is  done of  three- wheelers  as  well  as  vehicles  which  are  being  used  in  Delhi  by corporations as well as other such bodies etc. as to what kind of fuel is being used. In NCR region concerned pollution control bodies to do the checking. In case it is found that Kerosene is used not only the concerned driver/owner  shall  be responsible  but  the officers  of  the Department shall also be held responsible for using the kerosene oil. Let random checking be done of as many vehicles as possible and a report be submitted to this Court within seven days, of the checking done in this regard.

It was also pointed out by the Member Secretary, CPCB that there are 13 hot spots which have been identified in Delhi and there were several other spots in NCR which were also pointed out in the order dated 06.11.2019. Some steps have been taken to take care of those hot spots but lot of steps remain to be done. Let the effective steps be taken so as to remove the pollutants from the hot spots as ordered by this Court. Hot spots be cleared of the pollutants within a week, which is a reasonable period as stated by the Member Secretary, CPCB and compliance affidavit be filed.

We  have  asked  Mr.  Mukul  Rohatgi,  learned  senior  counsel appearing on behalf of the NCT of Delhi, to find out what effective

20

steps can be taken to curb the pollution in Delhi and NCR Region, considering the onset of winter and fog conditions which are going to cause serious problem.

We have seen that in spite of imposition of odd-even scheme the pollution is increasing in the city of Delhi and the NCR region and pollution has reached to very severe level. Drastic steps are required to be taken by all concerned working in tandem and to cooperate with each  other  as  it  is  not  an  adversarial  litigation.  Let  the  concerned authorities discharge their duties in view of Doctrine of Public Trust and rise to the occasion to take care of the pollution which is being caused. Let the effective steps be suggested to this Court, as assured, on 25.11.2019. It  was also pointed out  that  in  Haryana,  Punjab  and Uttar  Pradesh stubble burning is still taking place. Satellite images have been placed on record by Ms. Aprajita Singh, learned Amicus Curiae, Mr. A.N.S. Nadkarni,  learned  Additional  Solicitor  General  of  India  and  Mr. Mukul Rohatgi, learned senior counsel. In the circumstances, in order to ensure that necessary steps are taken and no stubble burning takes place,  the  presence  of  the  Chief  Secretary  of  the  State  of  Punjab, Haryana and Uttar Pradesh and the NCT of Delhi is required as lot is required to be done and the pollution level is worsening in Delhi and NCR region, in spite of orders. We direct the Chief Secretary of the above mentioned States/NCT of Delhi to file their respective affidavits of the steps taken and to remain present in this Court on 25.11.2019.

We are not dilating further on the odd-even scheme issue as it was stated by Mr. Mukul Rohatgi, learned senior counsel, that as to odd-even scheme today is the last day. Be that as it may, let further data has to be placed by CPCB as well as the Government of NCT of Delhi in this regard.

The Delhi Development Authority (DDA), PWD/CPWD and all the Corporations of Delhi cooperate and extend full support to the Monitoring Committee, any non-compliance to be viewed seriously by this Court.

List on 25.11.2019.“

15. It was pointed out by Shri Mukul Rohatgi, learned senior counsel

appearing on behalf of Government of NCT of Delhi that by applying

odd­even scheme with respect to cars alone cannot be said to be a

wholesome solution. In the absence of effective public transport, two­

wheelers and three­wheelers plying have not been stopped.

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16. As a matter of fact, in our opinion, it is absolutely necessary to

have an effective public transport system in order to ensure that plying

of  private  vehicles  is  minimized.  Until  and unless the Government

fulfills  its obligation to provide an effective public transport system,

private vehicles are bound to be plied and adding to the problem.  

17. It was pointed out that 28% of the total pollution is caused by

vehicular traffic.  Though pollution by stubble burning was reduced to

5%, one of the major factors for pollution is construction and

demolition activities.  Agriculture burning is adding to 4%, and

industries are causing 30%, residential sector in the form of Bio Mass,

Kerosene and LPG are adding to 10% in total.

18. This Court also took note of the submission that certain vehicles

were found plying on Kerosene.   This Court has issued appropriate

directions in this regard also.   Thirteen hot­spots were identified  in

Delhi and various other spots in NCR.   We have issued directions in

this regard also.   However, at present status report is required to be

filed by Delhi and NCR region with respect to these hot­spots, which

have been identified and noted in the orders mentioned above.

19. It was also pointed out to this Court that in winter fog conditions

are going to cause further deterioration of the Air Quality Index (AQI).

This Court thereafter directed the matter to be listed on 25.11.2019.

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Following order was passed:

"1. Heard the learned counsel for the parties and the Chief Secretaries to the States of Punjab, Haryana, Uttar Pradesh and Govt. of NCT of Delhi at length. We find from the Affidavit placed by Mr. A. N. S. Nadkarni,  learned  ASG,  that  the  fire  count  as  on  07.11.2019  has increased thereafter  in  the States  of  Punjab and Haryana and Uttar Pradesh on some of the days. The situation is alarming and indicates that the order has not been complied with and for that not only the State machinery is responsible, but the farmers are also responsible. Considering the aforesaid aspects and also the Air Quality Index, it has  become necessary to take care of the situation,  otherwise such incidents are not going to stop in future.

2. We are informed by the Chief Secretary to the Govt. of NCT of Delhi also that they have arrangements to clean annually the garbage and waste to the extent of 55% only and the remaining 45% cannot be cleaned in spite of best efforts considering the annual capacity to clean the garbage/waste. We have suo moto taken note of the water pollution in  Delhi  and  other  places  as  it  appears  that  there  are  reports  that impure water is being supplied to the people and there are reports to the contrary that samples have been manipulated. We cannot leave the matter at that. As a matter of fact, in such a matter of air and water pollution,  it  is  the  Constitutional  duty  enjoined  upon  all  the stakeholders  to  do  the  needful  for  providing better  air  and potable water. It was also stated by the Chief Secretary to the Govt. of Delhi that  there  are  certain  problems  of  governance.  The  problem  of governance, if any, cannot come in the way to deal with such matters. It is expected from the Government machineries not to enter into the rival claims, but to sit down together, work it out how to improve the air  quality and whether potable water is being supplied or not, and how to improve the water management.

3. We are also apprised by the Chief Secretary to the State of Uttar Pradesh that they are mainly focusing on eight districts, as with regard to those districts this Court has passed the order. He has also reported to us that stubble burning incidents, which have been increased, are in the Eastern region. It  may not affect Delhi and NCR Region. As a matter of fact, such approach is not understandable that the State has to take care of only those areas for which this Court has issued the directions. We take judicial notice of the fact that there are six other cities in the country which are reportedly more polluted in air quality index than Delhi, out of which three are stated to be in Uttar Pradesh only. Hence, we propose to issue notice to all the States to report to us what  is  the  Air  Quality  Index in  the  various  towns.  How they are discharging their  obligations  with  respect  to  lifting  of  the  garbage, waste etc. and by and large, we can take judicial notice of the fact that similar is the situation in virtually several cities in various States. The Corporations are not having even the basic arrangements for lifting the garbage, which is being generated everyday. It appears to be a case of

23

lost  priorities.  Be that  as  it  may,  there are  certain cities  which  are managing  the  garbage  effectively  and  efficiently  in  India,  which indicates  that  it  can  be  done in  effective  way but  there  is  lack  of proper planning in that regard.

4.  We  see  Yamuna  river  virtually  turned  into  a  sullage.  We  take judicial notice of this situation. Similar is the position with Ganges. As it proceeds, industrial effluents are being poured in rivers. Sewage is also  being  directly  put  in  rivers  contributing  to  the  river  water pollution. We direct the Pollution Control Boards of the various States as  well  as  the  Central  Pollution  Control  Board  and  various Governments to place before us the data and material with respect to various rivers in the concerned States, and what steps they are taking to curb the pollution in such rivers and to management as to industrial effluents,  sewage,  garbage,  waste  and  air  pollution,  including  the water  management.  We club the ending case of water management with this matter.  

5. It was stated by the Chief Secretary to the State of Punjab that there are few machines by which stubble can be collected called the bailors but  those  machines  are  concentrated  in  few districts  only.  He  has assured us  of the fact  that  such bailors  to be provided in  different districts at block levels so that small farmers can use these machines for removal of the stubble. We direct the States of Haryana and Uttar Pradesh also to do the needful in this regard. We also issue notice to various other States as stubble burning is taking place in various other States also to submit a report as to the stubble burning in their States and what steps they are taking and what they propose to do in this regard.

6.  With  respect  to  Smog Towers,  let  a  concrete  decision  be  taken within 10 days from today what kind of towers are required which may operate successfully and how many such towers are required so as to take care of the pollution which is being caused in Delhi and NCR region. The decision be taken not only by the Government of Delhi, but also by the States of Punjab, Haryana and Uttar Pradesh, where the position is reported to have deteriorated.  

7. We are informed that Anti Smog Guns were experimented by the Government of NCT of Delhi which is used as a cannon that sprays automized  water  50  metres  into  the  air  to  bring  down  suspended pollutants. The device is connected to a water tank and it can be taken to different parts of the city on a vehicle. We require the Government of NCT of Delhi to report to us what steps they have taken in this regard to use and acquire these Anti Smog Guns and the outcome of the experiment which was performed. Let Central Pollution Control Board (CPCB) also ascertain and submit a report regarding the effect created by the use of such guns within 10 days.  

8. There are other technologies which are being used to control the

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pollution.  Oxy Furnaces  are  being  developed  to  reduce  the  Ozone Emissions  from  industries.  Technology  of  i)  Wireless  Sensors;  ii) Nanotechnology;  iii)  Laser  methods;  (iv)  Spectroscopic  monitoring techniques and (v) Chemical methods are also used so as to control the pollution.   

9. We require an IIT expert to be associated by the CPCB and High Level Committee to be formed by the Central Government including that of the stakeholders of the Government of NCT of Delhi to work out on the aforesaid various technologies and how they can be utilised and their feasibility etc. Let the Committee be constituted within three days from today and report be filed within three weeks in this regard with respect to above-mentioned technologies.

10. As we have noted that from last several years, the position of air pollution is worsening in spite of various orders passed by this Court. The  reports  and  the  scientific  data  indicating  that  large  section  of people  are  suffering  from  the  dreaded  diseases  due  to  such  air pollution such as Cancer, Asthma and various other diseases. Life span is adversely affected. Time has come that the various States recognise right to life is important right. Human life and health have been put in danger.  In  such  scenario,  why  they  should  not  be  required  to  pay compensation to such persons who are being affected by inadequate arrangement to check the air pollution, non-lifting of garbage, waste which add ultimately to the pollution.

11. In this case we find that Delhi is lacking the capacity to the extent of  45% to  even clean the  garbage/waste  which is  being  generated. Similar is the situation in various other places. We take note of the situation which is alarming and time has come to remind the State machineries as to their duties as all of us are meant to serve the people of this great country. Our Constitution has envisaged certain Directive Principles as they are more important rights at the discretion of the Government. The Courts are not to interfere in that, but dereliction cannot be to the extent that the very right to life is endangered by the inaction.

12. We find that the State has to take care of the health and strength of workers,  men  and  women.  Children  are  given  opportunities  and facilities  to  develop  in  a  healthy  manner.  The  State  is  duty  bound under Article 41 also to take care of old age, sickness and disablement etc. The State is also under obligation under Article 47 to raise the level of nutrition and the standard of living and to improve the public health.  Under  Article  48,  the  State  is  duty  bound to  endeavour  to organise agriculture and animal husbandry with modern and scientific lines. Article 48A deals with protection and safeguarding of forests and wild life. Article 51A(g) confers duty on individuals to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. Article 51A(h) requires  to  develop  scientific  temper,  humanism  and  the  spirit  of

25

inquiry and reform.

13.  Not  only the basic  Fundamental  Rights  are  being ignored with respect to air and water, problem of governance are being projected, which  cannot  come into  the  way of  the  basic  Fundamental  Rights which a human enjoys, much less to talk of the Fundamental Duties and  Directive  Principles  contained  in  the  State  policy  which  have already  found statutory  expression  in  the  form of  Municipal  laws, Prevention  of  Air  Pollution  and  Water  Acts  and  various  schemes framed by the Central Government and State Governments, but we see neither the air quality has improved nor the water quality in several States, not to talk of Delhi only. We have called for the report from Delhi Government where the reports indicate that the contaminated water is being supplied and also from Bureau of Indian Standards to submit report in this regard.

14.  In  the  aforesaid  situation,  we  have  to  direct  the  various  State Governments to submit a report not only as to the air quality but also as  to  the  quality  of  water  which  is  being  supplied,  and  water management system.

15. At the same time, as we find that in spite of various orders passed by this Court, we are not able to improve the situation of air quality which we can see at least in Delhi and NCR with certainty. Time has come to require the State Governments to explain why they should not be asked to compensate the persons who are being affected by bad air quality. Obviously, the State is run by the administration, why liability should not be imposed for such a tort on the concerned machinery also of the various States which are failing to discharge their basic duties. This  Court  in  Municipal  Council,  Ratlam Vs. Vardhichand & Ors., reported in (1980) 4 SCC 162 has held they have to take proper and positive action in this direction. It is their bounden duty to provide civic amenities, and also to see that self-created bankruptcy does not come in the discharge of the statutory obligation which are necessary for existence of human life. We have seen during the course of the arguments that one State is passing the burden upon the Centre and then it is stated on behalf of the Central Government that they have framed scheme and it for the State Governments to implement it. We expect not only the ‘policy making’ but also its ‘implementation’. Let the States of Punjab, Haryana, Uttar Pradesh and the Government of NCT of Delhi respond, due to the air pollution, why the concerned Government and its concerned machinery, from top to bottom, should not be asked to compensate the citizens of Delhi and adjoining areas for  various  diseases  which  are  being  caused  and  sufferings  and troubles which are being faced and the report indicates the life span is being shortened. Let show cause notice be issued to the various State Governments, and to the Chief Secretaries, to submit reply within six weeks. Let the matter be listed for consideration on 17.01.2020. The Chief Secretaries to the States of Punjab, Haryana, Uttar Pradesh and Government of NCT of Delhi be personally present on that date.

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16. Besides that, we also issue notice to the learned counsel appearing on behalf of the farmers as to show cause why the orders of this Court have been violated and why the farmers should not be asked to pay the compensation which may be determined by this Court and why the burden should not be fastened upon them also.  

17.  Let  the  decision  be  taken  with  respect  to  other  technologies mentioned in Paragraph No. 8 above as also the decision to be take on the smog guns and smoke towers within 10 days from today. List the case for consideration of above aspects on 09.12.2019. "

20. This Court was again apprised of that stubble burning had

increased after  7.11.2019  in  the State  of  Punjab and Haryana and

Uttar Pradesh on some of the days.   

21. Regarding water pollution in Delhi and other places, considering

the reports that impure water was being supplied to the people, which

was  not  potable,  we  have  directed the  concerned  authorities to sit

together for improving the quality of the water and methods to improve

water management.

22. It  was pointed out that apart from Delhi,  there were six more

polluted cities in terms of AQI than Delhi. We have issued notice to all

the States to improve the quality of Air and what steps the corporation

and other municipal bodies were having for the effective disposal of

garbage.  As to the pollution of rivers, this Court has directed to place

the data as to what steps are being taken by various State

Governments  to  curb  the pollution  in  the rivers  as  more  than 300

rivers are reported to be polluted by way of industrial effluent, sewage,

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etc.

23. The  Chief Secretary of  State of Punjab  also  pointed  out that

stubble can be collected by the machines called balors.  They were

concentrated only in a few districts.  We were assured that they would

be distributed in different districts and block­level where small farmers

can use these machines for removal of the stubble.  

24. We have directed that with respect to Smog Towers, a decision be

taken not only by the Government of NCT of Delhi but by all concerned

stakeholders i.e., Punjab, Haryana, Uttar Pradesh, etc.  With respect to

Anti Smog  Guns also,  we  have  directed  how they can  be  used to

minimise pollution be reported to this Court.   Besides, the Court has

directed that the use of new technology be considered like:

1. Oxy furnaces to reduce the ozone emission from the industries.

2. Wireless Censors

3. Use of Nano Technology

4. Laser methods

5. Spectroscopic Monitoring Techniques

25. Chemical methods are also useful for controlling pollution.   We

have directed that appropriate Committee to be formed and decision be

taken and informed to this Court.   We have also noted that air

pollution is worsening and a large number of people suffer as a side

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effect by various diseases such as cancer, asthma, etc.  The life span is

also adversely affected.   We have also required to show cause as to

why the State machinery should not be held responsible for

compensating the people for making inadequate arrangements to

check air pollution, having no arrangement for the lifting of the

garbage and waste, which ultimately also adds to the pollution. We

have noted the constitutional statutory obligation of the Government

and the various other bodies, State Governments and various

Municipal Bodies in the above­mentioned order.   We have also called

the report as to water pollution from Delhi Government as well as the

Bureau  of Indian  Standards.  We  have  also  directed the  States  of

Punjab, Haryana, Uttar Pradesh and Government of NCT of Delhi to

respond as to why the concerned Government and machinery should

not be asked to compensate the person for the various sufferings and

trouble faced by them and violation of their right under Article 21 of

the Constitution.  For that, the matter has been listed on 20.01.2020.  

26. Thereafter the matter was taken on 9.12.2019 and the following

order was passed :

"It  is  submitted  by  Mr.  A.N.S.  Nadkarni,  learned ASG,  that  the Central Government had referred the matter to the Committee formed by the Central Government regarding Smog Guns and Smoke Towers and other technologies, as mentioned in Serial Nos. 6, 7 & 8 of the order dated 25.11.2019.  

Let the Chief Secretaries, Department of Environment, Government of NCT of Delhi and the States of Punjab, Haryana and Uttar Pradesh be also made the Members of the Committee formed by the Central Government.

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Let the report of the Committee be filed with respect to the aspects mentioned  in  Paragraphs  6,  7  &  8  of  order  dated  25.11.2019,  by 11.12.2019.  

Let the States of Punjab, Haryana and Uttar Pradesh also respond about the stubble burning matter on or before 11.12.2019.  

List the matter for consideration on 16.12.2019. As mentioned by Mr. Ranjit Kumar, learned senior counsel, Report

Nos. 1 and 2 be also placed for consideration on 16.12.2019.  IA NOS. 177602 AND 177610/2019  In  the  affidavit  dated  05.12.2019,  the  Central  Pollution  Control

Board (CPCB) has stated as under :-  “12.  That  it  is  respectfully  submitted  that  it  is  normally experienced that in month of December depending upon climatic condition the AQI category varies. As a matter of fact, last year (2018) 8 days in the month of December were in severe AQI category. Presently the situation not being severe, CPCB is of considered  opinion  that  partial  ban  could  be  in  place  for construction activities in as much as no construction should be permitted  during  night  time  (6.00  pm  to  6.00  am).  The  ban imposed could be partially lifted by permitting activities during day time (6.00 am to 6.00 pm), subject to the criteria stipulated in GRAP, wherein strict enforcement of rules for dust control in construction  activities  and  closure  of  non-compliant  sites  is mandated in moderate to poor AQI category and further a bank on construction activities may be imposed by EPCA if Ambient AIR quality levels persist in severe+/emergency category for 48 hours or more.” Hence, the ban is relaxed in terms of the recommendations made by  the  Central  Pollution  Control  Board  (CPCB),  as  quoted above.  However,  conditions  for  raising  construction  be scrupulously followed. The applications are disposed of."

27. An affidavit has been filed by respondent No.1,  i.e., Ministry of

Environment Forest and Climatic Change, wherein it has been pointed

out that Ministry has constituted a High­Level Committee on

27.11.2019 to submit a report regarding the various technologies

which can be utilized.   A Committee has been constituted with the

following:

" a.   Member Secretary, CPCB-Chairman b. Director, NEERI-Member

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c. Member Secretary, DPCC-Member d. Head of Technology Missions Division, DST-Member e. Professor  Mukesh  Khare,  Civil  Engineering

Department, IIT Delhi – Member f. Professor  Mukesh  Sharma,  Civil  Engineering

Department, IIT Kanpur – Member g. Head of Air Quality Division, CPCB – Member"

28. As soon as the report is received, the Ministry shall deliberate

upon the report of the Committee and submit it to the Court.

29. A Status Report in the form of an affidavit has also been filed on

16.12.2019 by the Ministry of Environment, Forest and Climatic

Change.  Following issues were considered:

a) Smog Towers b) Anti­Smog Guns c) Oxy­Furnace d) Nanotechnology e) Chemical Methods f) Monitoring Technologies

i. Wireless Sensor Networks ii. Laser Methods iii. Spectroscopic Monitoring Techniques

30. Following proposal was considered:

Smog Towers:

"A  proposal  by  IIT-Bombay  and  IIT-Delhi  in  association  with University of Minnesota proposed large scale air cleaning system with down-draft approach for reducing pollution concentration level.  The technology  aims  to  provide  down  draft  for  the  air  flow  through electricity run rans and filter bank for passage of polluted air.   The technology sucks air from top of the tower and provide a downdraft flow through high efficiency filter at 3-4 m height from the ground. The flow is induced by 40 fans.  The land area coverage is 20m x 20m for tower base surrounded by 10m x 10m for shrouded and safety area, thus total of 30m x 30m with approx. height of 20m The tower will be

31

made  of  6m  x  6m  rectangular  stainless  frame  enforced  concrete structure and 40 fans will be pushing air through 4 m high filtration systems covering the four sides with a total airflow rate of 960 m3/sec. Effective Clean Air Delivery Rate (CADR) of is 75 million m3/ day. It  was  reported  that  on  an  average  of  65%  of  reduction  can  be achieved up to 700 m and it is expected to influence more than 1 km in the downwind direction.  At the same time the radius of influence is around 400 m in all other directions.

31. A decision has been taken to start a pilot project as suggested by

the Indian Institute of Technology, Delhi and Indian Institute of

Technology, Bombay and Expert Panel of Department of Science and

Technology and the Delhi Government to take up the Pilot Project at

Connaught Place.  It has also been pointed out that the Ministry is in

favor of adopting new technologies also, which helps in mitigating air

pollution and cut  at the root.  The Ministry  has, thus, for the time

being,  decided to establish one or  two demonstration towers  in the

area of localized residents of the high pollution level. After the

efficiency  of these  demonstration towers, the  Ministry  will consider

installing multiple towers.

In re:  Anti Smog Guns

32. With respect to Anti­Smog Guns following observations have

been made:

"Based on the findings of CPCB-DPCC study, it may be inferred that

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anti-smog gun may be effective in controlling localized (50-70m) dust during  the  period  of  application  and  more  suitable  to  high  dust emission zones such as large construction sites."

In re: Oxy Furnace

33. With respect to Oxy Furnace observations of the High­Level

Committee is as under:

"While there have been instances to suggest the usage of oxy-fuel furnaces in glass industries, only research project/ pilot studies have been run for other industries.  Test runs have been conducted to assess the feasibility of oxy furnaces in power plants, however, no instance of any large scale run has been found.

It  is  suggested  that  in  order  to  understand  sector  specific applicability  of  oxy  furnace  for  a  given  size  and  area,  a  detailed feasibility  study  involving  sector  specific  experts  and  stakeholders may  be  conducted  my  Department  of  Science  &  Technology  in association with the concerned ministry.

It is noteworthy to mention that in urban centers, most of the Nox is released  from  vehicles.   Thus,  there  may  not  be  a  considerable reduction in ambient air levels of Ozone with the implementation of oxy furnaces.   Also there are Nox emission standards specified for these sectors."

In re: Nano Technology

34. With respect to Nano Technology, it has been pointed out that

the use of nanotechnology is on the research and development stage.

Following observations has been made:

"Use of photocatalytic paints for passive air cleaning is at research and development phase and implementation of passice photocatalytic cleaning  of  outdoor  air  will  require  both  small  and  large demonstration projects.

Better  understanding  of  parameters  controlling  release  of nanoparticles  from nanomaterials  is  required  in  order  to  formulate safer paints i.e. less nanoparticles and VOCs releasing paints with the same photocatalytic efficiency.

It is recommended that a pilot study led by Department of Science &  Technology  in  association  with  concerned  Ministry,  IISC,  IIT Kanpur  and  paint  manufacturers  may  be  taken  to  study  the effectiveness of paints using nanomaterials for cleaning ambient air including monitoring of release of other undesirable compounds."

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In re: Chemical methods

35. With respect to Chemical Methods, the Committee has made the

following observations:

"Chemical methods are well-established methods for pollution control in specific industrial sectors. Use  of  dust  suppressants  at  sites  requiring  dust  control  such  as construction & demolition sites and unpaved road have already been suggested to agencies in Delhi NCR."

36. With respect to monitoring technology such as Wireless Sensor

Methods, Laser Methods and Spectroscopic Monitoring Techniques

observations of the High­Level Committee are produced hereunder:

"Wireless Sensor Network technology is still in developmental stage and  IIT  and  NEERI  are  evaluating  performance  in  terms  of  its accuracy,  precision  by  collocation  study  against  conventional  real- time instruments. The smart city air quality monitoring has included WSN  as  community  monitoring  network.  However,  WSN  may  be used as an indicative monitoring tool for few activities like mining, large construction sites, having emission potential to supplement air quality  data  and  report  to  regulator  for  conducting  further investigation before taking actions.

*** *** ***

The laser  light  scattering  based ambient  particulate  monitoring  has challenges  as  large  spatio-temporal  variability  in  India  and  the sensitivity of this technique to different particle characteristic & varied whether condition among and within season leads to more difficulties in adopting this principle in regulatory monitoring in India, however certified instruments based on this  technique may be considered in future. Regarding  LiDAR,  this  technology  may  be  adopted  for  vertical monitoring  at  few places  to  track  transport  of  pollutants  at  higher altitude and for optimization of air quality forecasting.

*** *** ***

Spectroscopy  methods  are  being  extensively  used  in  air  quality monitoring  (both  source  and ambient  air)  in  CAAQM and  CEMS. New methods having specific applications are being incorporated in various technical guidelines after periodic review."

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37. An affidavit has been filed on behalf of the Government of NCT of

Delhi, pointing out the observations of the High­Level Committee.

They have mentioned about a pilot project with respect to the

installation of Anti­Smog Towers.   It has been pointed out that they

have  decided to set  up  a tower  at  Connaught  Place.   It  has  been

proposed that the pilot project will be completed by September 2020.

With respect to Anti­Smog Guns following observations have been

made during the experiment/ testing.

"That,  Anti-Smog  Gun  demonstrated  on  02.12.2019  is  a  type  of conical cannon that sprays atomized water with thrust up-to 70 meters with 360 degrees of rotation of the cannon.  The cannon/ gun was also equipped to spray atomised water from horizontal  range (0 degree) upto 60 degrees.   The device was connected to a water tanker and mounted on a truck trolley to provide mobility. In order to achieve objectivity during the experiment, the ambient air quality parameters around  the  area  of  experiment  before,  during  the  experiment  at different points of time and after the experiment were recorded.  The following were observed during the experiment:

i. The ambient air quality (PM 2.5) recorded was 20% to 30% less than the pre & post experiment hours.  The PM 10 also came down by the same margin of 20% to 30% during the duration of experiment and the effect continued till one hour after the spraying was stopped.

ii. During the experiment, the atomized water droplets travelled upto 70 meters  approximately  and  there  was  no  substantial  wetting  of  the ground on which it can be concluded that there is optimization of use of water and there was very high probability of contact between the atomized  water  droplets  and  the  particulate  matter  and  resultant cleansing effect.

iii. Though there was measurable impact on the ambient air quality during the  experiment,  the  same  may  have  been  contributed  by  other influencing factors and may not be limited only to the use of Anti Smog Gun.

iv. It was concluded by the observing team that Anti-Smog Gun has the potential to reduce the particulate matter load added into air by the

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local sources in following activities:

 Large construction sites  Road  construction  stretches  particularly  during  earthwork  and

compacting  Mining activities  Large parking sites on unpaved areas during large public gatherings.  Demolition activities  Sprinkling on dust prone traffic corridors.

v. It is further recommended by the observing team that use of such Anti Smog Gun may also be considered on the roof of high-rise buildings to measure its effectiveness in trapping particulate matter during bad air quality days."

38. It has been pointed out that on the basis of the aforesaid

experiment dated 2.12.2019 directions have been given to all

construction agencies engaged in activities over large construction site

in Delhi to use Anti Smog Guns so that dust is not emanated during

activities such as earthwork, compaction, concreting, loading and

unloading of raw material, road construction, and demolition activities,

etc.  

In re: Affidavit by the State of Punjab:

39. An affidavit has been filed on behalf of the State of Punjab.   It

has been pointed out that the Special Monitoring Cell has been

constituted.   The action taken report dated 7.12.2019 has been filed.

It reads as under:

S No. Action Upto 7.12.2019

1. Total  Number  of  Fire  incidents  reported  by Punjab Remote Sensing Centre

52525

2. Total  Number  of  site  visited  by  the  Sub- 52287

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Divisional Teams

3. Total Number of sites at which no crop residue burning observed

26347

4. Cases  in  which  Environmental  Compensation imposed

(Amount)

23308

(Rs.6.10 Cr.) 5. Red entries made in the revenue record 23298 6. Criminal  complaints  filed  u/s  39  of  Air

(Prevention and Control of Pollution) Act, 1981. 279

7. FIRs lodged u/s 188 of IPC 1737 8. Total  Number  of  cases  of  imposition  of

Environmental  Compensation  on  harvest combines

84

40. It is further pointed out that for providing financial assistance an

amount of Rs.100/­ per quintal for non­basmati paddy, the

Department of Agriculture and Farmers Welfare has framed a scheme

for making a payment to small and marginal farmers who do not burn

the stubble. A total of 240307 applications were received, out of them

29725 applications were rejected.   38697 applications were verified,

whereas 171885 applications are under process of verification.  

41. It  has  also  been  pointed  out  by the  State of  Punjab in their

affidavit that the supply of total machine as per order dated 6.11.2019

is 21,302.   The Department of Agriculture and Farmers Welfare has

fixed a nominal rental rate at which machinery would be provided to

small and marginal farmers by the Custom Hiring Centres and

Cooperative Societies.

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42. A comprehensive plan has also been prepared in collaboration

with the Ministry of Agriculture, Ministry of Environment and Forests,

Government of India, the States of Haryana and Uttar Pradesh and the

Government of NCT of Delhi to find all possible solutions like in­situ,

ex­situ, diversification from paddy to other crops as well as increased

use of paddy straw in power generation and other allied industries.

Approximately 200 balers have been provided in the State under

various schemes  (SMAM RKVY  In­situ SMAM)  in compliance of the

order dated 25.11.2019. Since balers and rake were not included in

the in­situ CRM Scheme, they have been included in the SMAM

scheme for 2019­20 under Center­State  Share Pattern on  priority.

District­wise detail of application under process for subsidy

distribution has also been filed.

43. Six continuous Air Quality Monitoring Stations have been set up

in the State of Punjab at Amritsar, Jalandhar, Ludhiana, Mandi,

Gobindgarh,  Patiala  and Khanna.  The  Department  of  Science  and

Technology  and Environment,  Government  of  Punjab,  has  prepared

and submitted an action plan for nine non­attainment cities, namely

Dera Bassi, Naya Nangal, Patiala, Amritsar, Khanna, Ludhiana,

Jalandhar,  Dera Baba Nanak and  Mandi  Govindgarh.   Air quality

levels of Amritsar, Jalandhar, Ludhiana, Mandi, Gobindgarh, Patiala

and Khanna be placed and in case they are not up to the mark, what

38

steps are being taken. With respect to nine non­complying districts as

mentioned in para 13 of the affidavit, what is the action plan and its

time limit be indicated.

44. Let the Government of  Punjab place before us with respect  to

steps taken and scheme and on what nominal rates machinery will be

provided to marginal and small farmers in Custom Hiring Centres.  Let

a road map in this regard be prepared and placed before us in this

Court.   Let a comprehensive scheme be placed in this Court as

directed to take care of the situation and the date from which balers

have been made available, as pointed out in Annexure (D).

In re: Affidavit by State of Haryana

45. On behalf of the State of Haryana, it has been pointed out that it

has identified 4128 eligible small and marginal farmers and distributed

the amount of Rs.16,342,327.50/­ to 3930 farmers after verification

that they did not burn the stubble. After the order dated 6.11.2019,

the Government of Haryana took proactive steps by providing enough

machines to small and marginal farmers and also providing Rs.1,000/­

per acre as 'Operational Costs.'  Support is provided not only to non­

basmati growers but also to Muchhal variety of basmati growers in the

State of Haryana. For not controlling the stubble burning, 23 Officers

were charge­sheeted, 7 Officers were suspended and 499 show­cause

39

notices were issued to Village Level Nodal Officers and the total

number of FIR registered were 2020.   The State of Haryana had

deployed 24414 machines out of which 8773 are owned by individuals,

15641 are with 2831 Custom Hiring Centres (CHCs).  During the year

2019­20 Government had established 1637 CHCs against 1300 earlier

year.   

46. The State of Haryana took the initiative to rope in Gram

Panchayats for the establishment of CHCs. They are available free of

cost to small and marginal farmers.

47. We direct in this regard that let a requisite percentage of

machines be dedicated and reserved for small and marginal farmers.

48. With respect to Straw Balers Unit following data has been filed:

Sr. No. Straw Baler Units Numbers

1 Established  upto  05.11.2019  i.e.  before the orders of Hon’ble Supreme Court

64

2 Established  since  06.11.2019  to 11.12.2019

131

3 Purchase/ establishment under process (The State Government had already issued permits to the farmers for the purchase)

155

49. Progress with respect to Straw balers is required to be reported to

this Court.

In re: Affidavit by State of Uttar Pradesh

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50. An affidavit has been filed on behalf of the State of Uttar Pradesh,

wherein it has been pointed out that with respect to stubble burning,

various incidents were reported between 1st October to 30th November

2019.  Following actions have been reported:

i. "Departmental action against 599 Lekhpals. ii. Warning  has  been issued to  24  Sub­Divisional  Magistrates

and Tehsildars. iii. Adverse entry given to one Deputy Director of Agriculture. iv. Notice issued against  Gram Pradhans under  95(1)(G)  of  PR

Act. v. Adverse entries given to 19 Class II officers. vi. Department proceedings started against 526 officers and

employees. vii. FIR registered against 1867 farmers. viii. Fine imposed against 2186 Farmers or. Rs.237.23 lakhs and

66.03 lakhs recovered till date for flouting this Hon’ble

Supreme Court orders. ix. Department has distributed 10568 Crops Residue

Management implements to farmers, Custom Hiring Centres

and  Farm Machinery  Banks.  Farmers can  hire implements

from Custom Hiring Centres and Farm Machinery Banks. x. The Government of India has developed a CHC app from

where a farmer can get information about Custom Hiring

Centres nearest to him.   xi. 480 Sugarcane  Societies  and Cooperative  Societies  are  also

being provided with 2400 implements for hiring by farmers. xii. Department is also making budgetary provisions to provide in­

situ management implements to the tune of Rs.3 lakhs to all

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59073 village Panchayats of the State in the next two years, so

that Crop Residue Management implements are available

nearest to the farmers. xiii. 5 implements each are being kept at the  200 Mandies of the

State also, xiv. These measures will help in the easy availability of implements

to farmers. xv. Due to interdepartmental coordination, 5 lakh kg/ day of

stubble may be used in gaushalas for feeding of animals. xvi. For ex­situ management of crop residue, the Chief Secretary

has  already held a  meeting with  Oil  Companies.  They are

preparing a plan for crop residue being used as biofuels.  They

are inviting expression of interest in the month of January for

the establishment of biofuel plants based on crop residue in

those districts where major burning took place. xvii. All District Magistrates and Superintendent Police have been

ordered by the State Government to be on vigil and take

appropriate action to stop crop residue burning.

51. It  has  been  pointed  out in substance that  actions  have  been

taken against various incumbents.   Crop Residue Management

implements have been distributed to farmers, Custom Hiring Centres

and Farm Machinery Banks, where farmers can hire implements from

them.   

52. Direction to be issued to provide implements to small and

42

marginal farmers free of cost or on concessional basis and to reserve

certain equipment exclusively for them.

53. The stubble is also being used in Goshalas for feeding animals

and for  exclusive  management of  crop residue,  meetings have been

conducted with the oil companies to use crop residue as biofuel.   Let

the  State  of  Uttar  Pradesh  place  on  record the  deliberations.  The

States of Punjab, Haryana and Rajasthan are also directed to consider

the same, including use of the stubble in goshalas for feeding animals.

54. In the Report No.106 filed by the Environment Pollution

(Prevention and Control)  Authority  (EPCA), it  has been pointed that

massive amount of plastic, rubber and other industrial waste has been

burnt in the open, which is one of the causes of pollution.  In Bawana,

Mundaka and Tikri, EPCA first worked with the Delhi Pollution Control

Committee (DPCC) to issue necessary direction for closure, but

directions were  not  sufficient  and  the problem of  disposal  of  waste

continues.   

55. Later on, MOU’s have been entered into between the Industries

and the Delhi MSW Solutions Limited for sending the waste for

incineration.  As a result of which 80,000 tonnes of plastic and other

waste have been sent for incineration.  Around 8,000 tonnes of plastic

and other waste have been removed from the Shahdara drain,

43

however, it is the tip of  an iceberg.  The problem still remains the

same.  In Delhi and NCR, waste is piled up and then burnt.  Thus, it

requires urgent remedial action.

In re: Report No.106 by EPCA

56. In view of the report No.106 of EPCA, following aspects have to be

looked into:

(A) There has to be an identification of  dumped waste of plastic,

industrial or other waste.   The waste should not be burnt and

removed for processing/incineration. (B) With respect to emitting Black smoke from chimneys, it be

ensured that industries are complying with the norms and

standards for PM, NOx, SOx. We direct Pollution Control Boards

of Delhi, Haryana, Rajasthan and Uttar Pradesh to rigorously

monitor the industrial areas especially at night and take

stringent action against the industry found non­complying with

the emission norms or chimneys with visible smoke. (C) With respect to dust from the construction site and proper

management/ disposal  of  demolition and construction waste,

the Construction and Demolition Waste Management Rules,

2016 have been framed.   A check­list  for dust control at the

construction side be issued.   The appropriate penal action has

to be taken in accordance with law against the developers

flouting the  norms.  The  Government  and  various  municipal

44

bodies of NCT of Delhi, Rajasthan, Haryana and Uttar Pradesh

have to take action and impose penalty on the offenders

repeating the offenses and take action against the developers

and developers have to be blacklisted for flouting the

Construction and Demolition Waste Management Rules and

guidelines framed thereunder. (D) With respect to road construction projects, let there be a

sprinkling of water.   The Government of NCT of Delhi,

Rajasthan, Haryana and Uttar Pradesh have to ensure

compliance of the road construction norms. (E) The recycling of construction and demolition waste is presently

in operation and their existing and deficit requirement be also

met by the Government of NCT of Delhi, Haryana, Uttar Pradesh

and Rajasthan. (F) With respect to waste burning compliance of Solid Waste

Management Rules, 2016 is necessary.   The waste segregation

and management is required, what are the existing facilities and

deficit requirements have to be met by the Government of NCT

of Delhi, Haryana, Uttar Pradesh, Rajasthan and Punjab.  (G) In the report, action taken in 2010 to 2019 to combat air

pollution has been pointed out: Table 1: Action taken this decde (2010-2019) to combat air pollution in Delhi

Sector-wise measures implemented

Actions taken

Industry Approved fuel list notified.  In Delhi this notification bans use of all dirty fuels, including coal.  In NCR states, pet coke, furnace oil is banned.

45

Introduction of Nox and Sox standards in industries so  that  either  they  install  pollution  equipment  or move to cleaner fuel like natural gas. Expansion of piped natural gas (PNG) network to the different industrial places in Delhi – 1050 has already converted  to  PNG  and  350  are  in  process  of  the conversion.  Delhi government has also incentivized move to gas in industrial areas by offering subsidy and removing  tax  on  gas.   Official  data  shows 95 percent conversion of authorized industrial units.

Power Plants Progressively shutting down coal power plants (total generation  capacity  of  1,245 MW) in  the  city  and moving to natural gas -- Indraprastha (405MW): September 2009 -- Rajghat (135MW): May 2015 -- Badarpur (705MW): October 2018

Natural gas made available for Bawana power plant

Vehicular emissions

CNG programme for public transport – autos, taxis and  buses  that  was  started  a  decade  ago  has  been further  expanded  to  include  more  commercial segments.

Bharat  Stage  IV  emissions  standards  for  vehicles implemented in 2010 and Bharat Stage VI fuels with 10 ppm sulphur introduced in 2018. 10  year-old  diesel  vehicles  and  15  year-old  petrol vehicles are being phased out Favourable  taxation  for  clean  fuel  introduced;  also expansion of CNG stations from original 9 to more than 500 in Delhi and NCR Environment  Pollution  Charge  on  big  diesel  cars (more  than  2,000cc)  has  contribued  towards disincentivizing  personal  diesal  cars.   Diesel  cars sales have dropped. Pilot  on  Hydrogen-CNG buses  started  so  that  this impoved H-CNHG could be option for older fleet of CNG vehicles. Use  of  remote  sensing  technology  for  monitoring emissions from on-road vehicles has been directed To  check  pollution  from  in-use  vehicles, strengthening  and  impovement  in  Pollution  under Control  Programme  (PUC)  initated  across  NCR. Enforcement has improved Installation of stage I and Stage II vapour recovery system  initated  and  expanded.   Environmental compensation  of  Rs  1  crore  imposed  on  oil

46

companies:  IOCL,  HPCL  and  BPCL  for  non- compliance with directions on vapour recovery

Specific  action on  trucks:  high- polluting segment  of vehicles

The  long-waited  bypass  road to  divert  commercial traffic  built:  Eastern  Peripheral  Expressway  and Western  Peripheral  Expressway  (EPE  and  WPE), which  were  ordered  in  2005  have  been  made functional  in  2018-19,  which  has  allowed commercial and extremely polluting trucks to bypass the city

To deter non-destined truck traffic, the country’s first congestion  charging  introduced  in  2015. Environment  Compensation Charge (ECC) on each category of commerical vehicles imposed at time of entry into city

Restriction on entry of 10-year old trucks Introduction of RFID at 13 entry points in Delhi for cashless  ECC  payment  will  make  the  congestion charge effective.

Public transport After  stagnation  and  decline  in  bus  numbers  and passengers,  procurement  of  new buses  has  started. Bus parking constraint is being addressed. NCR reciprocal agreement – autos and buses allowed to run across borders in entire NCR draft in 2008 and effective from 2010; Time for its renewal

The  ridership  in  the  metro  has  increased  from 6,25,000 in 2007-08 to 25,37,175 in 2018-19.  The operational  route  has  increased  from  65.1  km  in 2007-08 to 228.78 km in 2017-18 Parking  policy  as  a  demand  management  tool notified.  Pilot schemes on parking area management plans initiated.

Construction and  Demolition waste  and  road dust

Checklist for dust control at construction sites made so that enforcement is improved The  Construction  and  Demolition  Waste Management Rules, 2016 notified There are 60 mechanized road sweeping machines in Delhi. Environmental compensation of Rs 1 crore has been imposed  on  Municipal  bodies  (New  Delhi,  South, East,  North  and  Cantonment  Board)  over  open dumping/burning  of  garbage  and  C&D  waste  vide directions dated January 16, 2019 under section 31A of the Air (Prevention and Control of Pollution) Act, 1981 City  has  expanded  recycling  capacity  of  it’s  C&D waste  recycling  plant  at  Burari  from 500 MTD to 2,000 MTD.  Two new plants are added to combined

47

capacity of 650 MTD. Waste burning Solid  Waste  Management  Rules  and  Regulations

2016 notified Delhi  Bye-laws amended based on these  rules  and notified in January 2017 The city has over 2300 waste dumps – neighborhood structures to collect and store waste.  Over 80 percent of the waste is processed through incineration. Recently,  Delhi fought a bitter  battle to stop large- scale burning of plastics in Mundka area of Delhi that caused enormous poisonous gases. 12 wards from different MCDs in Delhi have been selected as  model  wards for waste  segregation and management 6,000 roadside twin bins procured.

Monitoring  and Graded Response  Action Plan (GRAP)

Air  quality  monitoring  stations  expanded  to  38  in Delhi and over 50 in NCR Early Warning System for Delhi launched in October, 2018 Graded Response Action Plan targeting key sources of pollution has been implemented during the winters of 2017-18 and 2018-19:  These short-term measures during smog episodes include shutting down power plant,  industrial  units,  ban  on construction,  ban on brick kilns, action on waste burning and construction, mechanised  cleaning  of  road  dust,  etc.   This  also includes limited application of odd and even scheme.

DIRECTIONS:

57. In view of aforesaid, we inter alia reiterate and/or issue following

directions:

(i). The decision taken by the High Level Committee constituted by

this Court be placed on record along with comprehensive action plan

and the action taken thereon so far.

(ii). With respect to preventing stubble burning, let a comprehensive

plan be prepared and be placed before this Court including the action

taken. Let Crop Residuary Management be prepared, its use inter alia

as fertilizer, cattle food and bio fuel be also worked out. Let the final

48

decision be taken with respect to incentive and disincentive of

Rs.100/­ per quintal and the in­situ farming.  

(iii). Let the Central Government, State Governments of Punjab,

Haryana and U.P.  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 especially dedicated to small and marginal

farmers to be made available either free of charge or on nominal rental

basis.  

(iv). Let the Government of NCT of Delhi/NCR Region and concerned

Governments of Haryana and U.P. file reports with respect to various

identified hotspots and steps taken for their management and to clear

the environmental hazards created by such hotspots.

(v)(a) As proposed in the reply of the Delhi Government, let the Smog

Tower at Connaught Place be completed by Delhi Government as

proposed  in  their reply  affidavit.  Let the Smog Tower  be completed

within three months.

(b) Let Smog Tower be installed at Anand Vihar as pointed out by

Central Pollution Control Board (CPCB).  Let Delhi Government provide

space of 30 x 30 meters for installation of an experimental tower at

49

Anand Vihar within seven days.  The project to be funded by the Union

Government,  however,  Ministry of  Environment,  Forest  and Climate

Change is directed to monitor the project.   Let project be completed

within three months.

(vi). Let  anti­smog guns be  used  in  Delhi  and NCR region  for the

following :

(a) Large construction sites;  

(b) Road construction stretches, particularly during earthwork

and compacting;

(c) Mining activities;  

(d) Large parking sites on unpaved areas and during large public

gatherings;

(e) Demolition activities;

(f) Sprinkling on dust­prone traffic corridors.

(g) It  be  made compulsory to  make  use  of  anti­smog  guns  in

Delhi­NCR in the projects that require environmental

clearance from the State/Central level on site having built­up

area of more than 20,000 sq.mts. including excavation,

material handling and other dust generating activities. Let an

appropriate policy decision be also taken with respect to cost

of installation, duly considering the principle  “polluters pay”

50

evolved by this Court.

(vii). The Governments of NCT of Delhi, U.P., Haryana and Rajasthan,

are directed to  identify the 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 time­bound

basis without fail and report be filed within six weeks.

(viii). We direct the Pollution Control Boards of Delhi, Haryana,

Rajasthan and U.P. to monitor the industrial areas especially at night

also and to take stringent action with respect to the industries emitting

black smoke from chimneys  and it  be ensured that the industries

comply with the norms and standards for PM/NOx/Sox.

(ix). For construction and demolition, we direct the Governments of

NCT  of  Delhi,  Rajasthan,  Haryana  and  U.P. to file  a status report

regarding compliance  with the Construction and Demolition  Waste

Management Rules, 2016. Let penal action be taken against the

developers found flouting the norms.  

(x). We direct the Governments of NCT of Delhi, Haryana, Rajasthan

and U.P. to file status report on the penalty imposed and the action

taken on the developers for violating the norms regarding

construction/ demolition activity and whether any developer has been

51

blacklisted. Let various local bodies and Government of NCT of Delhi

and Governments of Haryana,  Rajasthan and U.P. also file status

reports in this regard.

(xi). With respect to road construction, there has to be sprinkling of

water. Let the Government of NCT of Delhi and Governments of

Haryana, Rajasthan and U.P. file a status report with respect to

compliance of road construction norms and details of non­compliant

portion.

(xii). Let the Government of NCT of Delhi and Governments of

Haryana, Rajasthan and U.P. point out the existing facilities of

recycling of construction and demolition waste and the deficit of

facilities in this regard.

(xiii). With respect to waste burning, compliance of Solid Waste

Management Rules,  2016 be ensured by the Government of  NCT of

Delhi and Governments of Haryana, Rajasthan and U.P. Let a

comprehensive plan for waste management be prepared and existing

facilities and overall requirement be also worked out.

(xiv)(a). In the reports filed by the Chairman, EPCA indicating  the

details of  his visit to  New Friends  Colony­  Jhilmil Industrial  Area,

Saboli and Mandoli village ­Mandoli Industrial Area, Bhopura Border,

52

Subzi Mandi Sahibabad, Hindon Vihar, Ghaziabad and Sahibabad

Industrial  Area certain problems have been pointed out and several

observations have been made. We direct the concerned authorities of

the area, District Magistrate, Ghaziabad, to ensure that all remedial

measures are taken by the concerned bodies and report be submitted

as to remedial work taken with respect to each and every observation

which has been made in the report submitted by the Chairman, EPCA

within one month.

(b). With respect to Panipat, the Inspection Report contains (1) Urban

Extension Road, (2) Narela Industrial Area, (3) Panipat Industrial Area.

Let the Deputy Commissioner ensure that appropriate measures are

taken with respect to observations made in the aforesaid orders within

one month.

(c). With respect to the visit to Meerut on October 12, 2019, various

aspects have been pointed out.   Let the District Magistrate, Meerut,

National Highways Authority of India (NHAI), concerned Pollution

Control  Board,  Municipal  Commissioner, Meerut Nagar Nigam  and

Meerut Development  Authority to take appropriate  measures within

one month.  

(d). With respect to Mundka Tikri from the visit dated October 13,

2019, various observations have been made and problems have been

53

pointed out which are required to be attended by the concerned

authorities. We direct the concerned authorities of the areas, District

Magistrates, Pollution Control Boards, Deputy Commissioners of

Municipal  Corporations, to take the remedial  measures  and report

pointwise  compliance  on each and every  aspect  of  Report  No.16 of

EPCA Chairman within one month.

(e). With respect to EPCA Chairman visit at Bahadurgarh, the

Haryana State Pollution Control Board (HSPCB), City Magistrate,

Bahadurgarh, District Magistrate, Bahadurgarh and all concerned

officials  are  directed  to take  remedial  measures  and compliance be

reported to this Court within one month.

(f). In respect of  the field visit of  EPCA Chairman to Bhiwadi and

other regions of Rajasthan, let the Government, RIICO, District

Magistrate, Bhiwadi consider the recommendations made in the report

and report the compliance to this Court within one month.

(g). Let the extracts of the reports with respect to aforesaid areas be

forwarded to the concerned authorities by the EPCA for prompt

compliance.

(xv). With respect to oxy furnace in glass industries, let the DST

Technical Committee consider the proposal for installation of oxy

54

furnace in glass industries in Delhi and NCR.  Let the consideration be

made within two weeks in consultation with the sectoral expert and

other concerned stakeholders.   Relating costs and modalities be

worked out.   

(xvi). Let the details be worked out for chemical test methods for

smoke emission control in various industrial sectors for meeting

prescribed emission norms and entire details be furnished as to their

use.  

(xvii). Let proper research and development be made in wireless

sensors network technology. Let the concerned officials consider

further LiDAR (a  laser based method) and Spectroscopic monitoring

techniques as considered appropriate by them. Let the use of

spectroscopy to monitor ambient air quality be considered by various

States.

(xviii).   Let the Government of NCT of Delhi work out the details with

respect to 45% deficit capacity to lift the garbage and waste as there is

only 55% capacity available with respect to garbage and waste

generated in Delhi. Let it work out a comprehensive plan within three

months to have full (100%) capacity to deal with garbage and wastes

and place it before this Court, including the implements,   tools,

manpower and the expenditure required in that connection.

55

(xix). Let the  action taken  be reported  with respect to the  vehicles

found plying on kerosene, checks undertaken and action taken report

be placed before this Court within a month by the concerned Pollution

Control Boards.

(xx).  With respect to water quality supplied in Delhi, let the concerned

Pollution Control Boards as well as the Indian Bureau of Standards,

submit a report of random checking of various samples in Delhi and

submit a report in this regard within one month.

(xxi). We direct the various State Governments through Chief

Secretaries to inform this Court about the measures taken by them

with respect to pouring of sewage and untreated industrial effluents in

various rivers  and the  plan  prepared  by  them and arrangement  of

funds made by them for the purpose of sewage treatment plants and

existing facilities and requirements be pointed out within eight weeks.

(xxii).  Let the Government of NCT of Delhi and Governments of

Punjab, Haryana and U.P. show cause why they should not be saddled

with the compensation for failure of their machinery and the

concerned authorities in taking appropriate steps to prevent stubble

burning and other pollution being caused.

(xxiii).  With respect to solving traffic congestion, let the Government of

56

NCT of Delhi and Governments of Haryana, Rajasthan and U.P. work

out a plan so as to solve the problem of traffic congestion and

compliance of the orders passed earlier by this Court with respect to

solving the problem of traffic congestion.

(xxiv).  Let the concerned Municipal Corporations of Delhi, Government

of NCT of Delhi, concerned bodies and Governments of Haryana,

Rajasthan and U.P. to take care of potholes and file reports of action

taken within three weeks and compliance report with respect to their

previous directions be also filed and in case any work is left, let it be

completed within three weeks.          

Ordered accordingly.

…..………………………J. (ARUN MISHRA)

…..………………………J. NEW DELHI;     (DEEPAK GUPTA) JANUARY 13, 2020