The top court’s observations came a day after Delhi air quality improved to the ‘poor’ category on Sunday, after staying in the ‘very poor’ bracket for 24 days.
Delhi Air Quality: Expressing concern over the lingering air pollution problem in the Delhi-NCR, the Supreme Court on Monday said the issued cannot be treated as a “customary” case to be listed only during the winter months, and will be taken up twice a month to find lasting solutions to tackle the menace.
What did Supreme Court say?
“The Delhi pollution matter cannot be listed customarily in the month of October and rather it should be taken up regularly at least twice a month,” Chief Justice of India (CJI) Surya Kant said the outset of the hearing.
A bench of CJI Surya Kant and Justice Joymalya Bagchi said it will ensure that the air pollution matter is listed twice a month throughout the year to monitor the implementation of long-term and short-term measures.
Referring to Monday’s Air Quality Index (AQI), he said, “My brother (Justice Bagchi) tells me that just because this item is listed today and heard … there is improvement in the AQI levels.”
Additional Solicitor General Aishwarya Bhati, appearing for the central government authorities, referred to key contributors of air pollution and said “stubble burning, vehicular pollution, construction dust, road dust and biomass burning have been named as contributors”. “I can give a detailed list of what steps have been taken under each of the heads,” she said.
‘Stubble burning not sole reason’
However, the apex court bench comprising CJI Surya Kant and Justice Joymalya Bagchi, while hinting at other contributing factors, observed that stubble burning also took place during the Covid-19 lockdown but the skies were blue and stars were visibly in the night sky.
“Stubble burning was there during COVID, but why could people still see clear blue skies? This suggests other factors are at play,” CJI Kant, who comes from a farming family in Haryana, observed.
“Why? Something to be thought about and other factors. We would like to have a report within a week on the measures taken to contain other factors,” the bench said, adding it wanted to “see long-term and short-term plans”.
The CJI then referred to unplanned urban growth and rising aspirational population in the country and said, “None of the cities of the country were developed to accommodate this scale of population or with the thought that each home will have multiple cars. Let us see which measures are suggested to us and how these measures are implemented or are only on paper.”
The development of cities should have a negative impact on the quality of life, the CJI said.
The bench said there should be a scientific analysis to ascertain the factor which is contributing the most to the problem.
“We cannot sit idle. Solutions must come from experts. The courts may or may not have those solutions, but we can provide a platform for all stakeholders to deliberate,” the CJI said.
CJI seeks clarity on anti-pollution measures
CJI Kant sought clarity on immediate and long-term measures, and asked the Centre to spell out specific steps of the Commission for Air Quality Management (CAQM), Central Pollution Control Board (CPCB) and others to apprise it of the short and long-term measures to tackle the menace of air pollution.
Amicus curiae and senior advocate Aparajita Singh submitted that vehicular pollution and dust remain the biggest contributors to Delhi’s poor AQI, and also flagged reports that several air quality monitoring devices were not functioning properly, while also highlighting the chronic problem of cars parked on both sides of Delhi’s roads.
The CJI observed that while metro projects would eventually be a game changer, short-term measures were urgently needed, and listed the matter for December 10.
Delhi air quality improves
On November 27, the Supreme Court agreed to hear on December 3 a plea concerning the deteriorating air quality in the Delhi–National Capital Region (NCR), saying the issue needed to be monitored on a regular basis.
“What magic wand can a judicial forum exercise? I know this is hazardous for Delhi-NCR. We all know the problem. The issue is what the solution is. We need to identify reasons and… the solutions can be given by the domain experts only. We hope and expect that long-term solutions are found,” the CJI had said.
On November 19, the court asked the CAQM to consider directing schools in Delhi-NCR to postpone open-air sports events scheduled for November–December to “safer months” due to toxic air levels.
It had declined to impose year-round restrictions under the Graded Response Action Plan (GRAP), an emergency framework that restricts polluting activities in severe conditions, and instead emphasised the need for long-term, sustainable solutions.
Meanwhile, the top court’s observations came a day after Delhi air quality improved to the ‘poor’ category on Sunday, after staying in the ‘very poor’ bracket for 24 days, often bordering near the ‘severe zone’. According to CAQM data, Delhi’s 24-hour average AQI at 4 PM stood at 279, 24 days after the city last recorded Air Quality Index (AQI) in the ‘poor’ category on November 5, when the readings showed 202.
(With PTI inputs)
