M. C. MEHTA versus UNION OF INDIA & ORS.

[2020] 2 S.C.R.

M. C. MEHTA

UNION OF INDIA & ORS.

(IA Nos. 158128 and 158129 of 2019)

(Writ Petition (C) No. 13029 of 1985)

JANUARY 13, 2020

[ARUN MISHRA AND DEEPAK GUPTA, JJ.]

Environmental Law:

Pollution – In hot spots in Delhi and NCR Regions – SupremeCourt while deciding earlier Interlocutory Applications, directedMinistry of Environment, forest and Climate Change, Governmentof India to submit status report – Report No. 106 filed byDEnvironmental Pollution (Prevention and Control) Authority (EPCA)

– In order dated 4.11.2019, the Court noted that there is blatantviolation of Article 21 of the Constitution, by serious kind of pollutionby stubble burning, construction and demolition activities, opendumping of waste/garbage, unpaved roads/ pits, road dust, garbageEburning and traffic congestion – Various hot-spots in Delhi andNCR regions were identified – The Court issued directions to theStates of Rajasthan, Punjab, Haryana and NCT of Delhi and toPanchayats and concerned administrative Authorities to preventstubble burning – The Court also restrained demolition andconstruction activities for the time being – Directions were issuedFto be taken care of by EPCA – By order dated 29.1.2018 the Courtdirected constitution of High Level Task Force – The Court furtherdirected Central Government to work in collaboration andconsultation with various State Governments to stop the problem ofstubble burning – The problem of garbage disposal and wasteGmanagement was also addressed by the Court – The Court by orderdated 13.11.2019 directed the Central Government and Governmentof NCT of Delhi to consider installation of smog towers – The Courtby order dated 25.11.2019 directed to use new technology forcontrolling the pollution – Ministry of Environment, forest and

Climatic Change filed Status Report regarding Smog Towers, AntiSmog Guns, Oxy Furnace, Nano technology, Chemical Methods,Monitoring Technologies (i.e. Wireless Sensor Networks, LaserMethods and Spectroscopic Monitoring Techniques) – The Statesof Punjab, Haryana and Uttar Pradesh filed affidavits regardingthe steps taken by them to control the pollution – Directions issued:To place on record the decision taken by High Level Committee –To prepare comprehensive plan to prevent stubble burning – Statesand Central Government to prepare scheme for making availableimplement to small and marginal farmers – Governments of NCT ofDelhi, haryana and Uttar Pradesh to file reports with respect tovarious identified hot-spots and steps taken to clear theenvironmental hazards created by such hotspots – To completeinstallation of smog tower at Cannaught Place and to install smogtower at Anand Vihar – To use Anti-smog Guns in Delhi and NCRregion – States of NCT of Delhi, Uttar Pradesh, Haryana andRajasthan to identify dumped waste of plastic, industrial and otherwastes and ensure its removal on time bound basis – PollutionControl Board to monitor industries to ensure that they comply withthe norms and standards of PM/NOx/SOx – States concerned totake penal action against developers for flouting norms regardingconstruction/ demolition and to file status report regarding the sameand also regarding compliance of road construction norms – Theconcerned States to make comprehensive plan for waste management– In the areas where problems have been pointed out by EPCA, theAuthorities concerned, of those areas to ensure that remedialmeasures are taken – DST to consider proposal for installation ofoxy furnace in glass industries – To work out for ‘Chemical TestMethods’ and ‘Wireless Sensors network Technology’ – Governmentof NCT of Delhi to make comprehensive plan to have full capacityto deal with garbage and wastes – Pollution control Board to placebefore Court the action taken to check vehicles plying on kerosene– Pollution Control Board also to submit report regarding waterquality supplied in Delhi – Various State Governments directed toinform the Court about the measures taken in respect of pouring ofsevage and untreated industrial effluents in various rivers –Governments of NCT of Delhi, Haryana, Punjab and U.P. to showcause as to why they should not be saddled with compensation for

Afailure to prevent stubble burning and other pollutions – The Statesconcerned also to make plan to solve the problem of trafficcongestion.

CIVIL ORIGINAL JURISDICTION : I. A. Nos. 158128 and158129 of 2019 in Writ Petition (Civil) No. 13029 of 1985.B(Under Article 32 of the Constitution of India]

Harish N. Salve, Ms. Aparajita Singh, Sr. Advs., A.D.N. Rao,Siddhartha Chowdhury, Advs. (A.Cs.), A.N.S. Nadkarni, Ms. PinkyAnand, ASGs, Ms. Aishwarya Bhati, Siddharth Dave, P. S. Narasimha,Ms. Anitha Shenoy, Gopal Jain, Abhishek Manu Singhvi, GopalCShankarnarayan, Sr. Advs., D. L. Chidananda, Rajesh K. Singh,Ms. Suhasini Sen, S. S. Rebello, Vijay Prakash, G.S. Makker, Mrs. AnilKatiyar, Sanjay Kr. Visen, Rajeev Kumar Dubey, Kamlendra Mishra,Nithin P., Vijay Panjwani, Ms. Ruchi Kohli, Vibhu Shankar Mishra,Ms. Snidha Mehra, B.V. Balramdas, Chirag M. Shroff, Ms. Riya Thomas,DMs. Yashika Verma, Devendra Kumar Singh, Rajesh Katyal, BaldevAttrey, Karunakar Mahalik, Ajay Bansal, Praveen Swarup, LokendraKumar, Gaurava Yadava, Ms. Archana Sharma, M/s. S. Narain AndCo., Ms. Uttara Babbar, Ms. Bhavana Duhoon, Manan Bansal,Ms. Sindoora VNL, Rahul, G. Tanwani, Ms. Aditi Tripathi, Ms. Kanti,Ms. Srishti Agnihotri, Ms. Sharon Mathew, Sumit Gupta, Ms. MadhuESmita, Ms. Astha Tyagi, Rohit K. Singh, S.K. Bhattcharya, Bimal RoyJad, Saurav Agrawal, Anshuman Chowdhary, Vibhu Anshuman, SanjeetSingh, Ms. Gayatri Varma, Anish Sethi, Surjeet Singh, Ms. Sneha Z.Masan, Senthil Jagadeesan, Shrutanjaya Bhadwaj, Ms. Divya Roy, R.D.Upadhyay, Ajit Pudussery, Ms. Palak Mishra, Prashant Bez Boruah,FMunawar Naseem, Ms. Bina Gupta, Gaurav Juneja, Dibranshu, AayushJain, Sanjeev K. Kapoor, M/s. Khaitan And Co., Advs. for the appearingparties.

Petitioner-in-Person

The following Order of the Court was passed:G

1. The matter pertains to the environment pollution with whichwe are faced with today. Not only the air pollution is being causedunabettingly, but we are also faced with the pollution of rivers in thecountry. With respect to the pollution been caused in Delhi and NCR,H

this Court while considering IA No.127792 of 2017 has passed variousorders and disposed of the application dated 29.1.2018 and while takingup the matter relating to the aforesaid Interlocutory Application on14.10.2019 required the Ministry of Environment, Forest and ClimateChange, Government of India to submit its response along with statusreport. The matter was thereafter listed on 4.11.2019. Report No.106was filed by EPCA with respect to pollution in hot spots in Delhi andNCR regions. Following order was passed by this Court on 4.11.2019:

“We have heard Mr. Bhurelal, who has pointed out aboutirrigation.

We have also heard some experts from the Ministry and theIIT and learned senior counsel for the parties and Amicus Curiae.

Today everyone is concerned about level of pollution in Delhiand NCR region. This is not something new, every year this kindof piquant situation arises for substantial period. It is compoundedby the fact that year to year in spite of various directions issuedby High Court, other authorities including this Court the StateGovernments, Government of NCT of Delhi and the corporationsof Delhi and nearby States are not performing their duties asenjoined upon them. This is shocking state of affairs in whichwe are put as on today. This is blatant and grave violation of rightto life of the sizeable population by all these actions and thescientific data which has been pointed out indicates that life spanof the people is being reduced by this kind of pollution which isbeing created and that people are being advised not to come backto Delhi or to leave the Delhi due to severe pollution conditionwhich has been created. There cannot be large scale exodus.People have to perform their duty in Delhi also and people cannotbe evacuated from Delhi being capital city. We are at loss tounderstand why we are not able to create situation in which thiskind of pollution does not take place, that too in routine mannerevery year. Obviously, it is writ large that the State Governments,Government of NCT of Delhi and civic bodies have miserablyfailed to discharge their liability as per the directive principles ofState Policy which have found statutory expression, they are beingmade statutory mockery and also the directions of this Court andHigh Courts in this regard are being violated with impunity.

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

It is apparent from the satellite images which have beenproduced before us for the period 30.10.2019 to 04.11.2019. Thesatellite image clearly indicates that in Punjab there is widespreadstubble burning which has taken place as compared to Haryana,in which only in four districts it has taken place. There is someburning in Western U.P. also. It could not have taken place evenin singular district or gram panchayat area as we live in civilizedcountry in which such kind of activities which create such menacingpollution not only in the area concerned but to the neighboringStates also, by ill-effects of that people cannot be left to die or tosuffer various ailments.

Everybody has to be answerable including the top statemachinery percolating down to the level of gram panchayat. Thevery purpose of giving administration power up to the panchayatlevel is that there has to be proper administration and there is noroom for such activities. The action is clearly tortuous one and isclearly punishable under statutory provisions, besides the violationof the Court’s order. In the circumstances, as widespread stubbleburning has taken place, we direct the States of Punjab andHaryana and adjoining State of Uttar Pradesh where there isblatant violation which has taken place, to halt it. We direct theChief Secretaries of the States of Punjab, Haryana and UttarPradesh to be present in this Court on 06.11.2019 including ChiefSecretary of Government of NCT of Delhi.We direct the Chief Secretaries of the State Governments,District Collectors, Tehsildars, Director General, IG/SP and otherpolice officers of the area of concerned police station and theentire police machinery to ensure that not even single incidenttakes place of stubble burning henceforth. If it is found that anystubble burning has been made not only that person doing it will

be hauled up for the violation of the order passed by this Court butthe entire administration, right from the Chief Secretary,Commissioner, Collector and all other concerned functionaries andPanchayats. Gram Pradhan/Sarpanch Panchayat are also directedto ensure that no such stubble burning takes place.

Let the State Governments of Punjab, Haryana and UttarPradesh and officials also explain that why they should not beasked to pay the compensation for tortious liability as they haveacquiesced and due to their failure in preventing stubble burningwhich is in utter violation of the Public Trust doctrine, why theyshould not be held liable to compensate, and also the incumbentswho are burning the stubble in spite of clear restrictions imposedby this Court and statutory prohibition.

We also direct the Sarpanch of each and every Panchayat andSHO of the concerned area to prepare inventory of the incumbentswho have burnt the stubbles in their fields. We also direct theSarpanch, Gram Panchayat as well as the concerned police ofthe area and local administration including the Collector and allsubordinate authorities to ensure that no further stubble burningtakes place. In case, any stubble burning takes place responsiblemachinery from top to bottom and Sarpanch, Gram Panchayatshall be liable for tortuous act and for not complying with theorder passed by this Court and let the Gram Panchayat also adviseforthwith the villagers not to involve in stubble burning any moreand take appropriate action.

We also direct the State Governments, Central Governmentas well as the Government of NCT of Delhi to take immediatesteps to take care of the emergent situation due to air pollutionwhich has taken place. No doubt about it that everybody knowsthe situation, let the steps be taken forthwith with the help of theexperts. We direct the Government of NCT of Delhi as well asvarious corporations to work in tandem and to see that waste andgarbage which is contributing to air pollution is tackled at warlevel. The efforts should be made right from today without anyloss of time.

Let the EPCA consider as it was suggested by Ms. AprajitaSingh, learned senior counsel and the learned Amicus Curiae thatdiesel vehicle should not enter the Delhi. Let the EPCA

immediately take the steps in this regard as may be consideredappropriate as it has the power to do the needful taking care ofthe emergent situation.

With respect to demolition and construction activities we directthat no demolition and construction activities take place in Delhiand NCR region. In case it is found that such activity is done, thelocal administration as well as the municipal authorities includingthe Zonal Commissioners, Deputy Zonal Commissioners shall bepersonally held responsible for all such activities. They have toact in furtherance of the Court’s order and to ensure that no suchactivity takes place.

We are informed that use of coal based industries have beenstopped. In case any violation of this is found the concerned personincluding Zonal Deputy Commissioner would be liable for violationof the order of this Court and liable to be punished for contemptof Court.

It was also pointed out by Mr. Sanjiv Sen, learned seniorcounsel, that during odd/even scheme in Delhi more use of twowheelers and three wheelers has taken place and they are beingplied more causing equal pollution, as such no useful purpose isbeing served by stopping the use of certain vehicles only on thebasis of odd and even numbers. He has also pointed out that itwould be appropriate to stop the use of diesel vehicle, in case it isnecessitated as the diesel vehicles cause more pollution ascompared to petrol and CNG vehicles. Let the Government ofNCT of Delhi explain this aspect and file the data in this regard inthe Court on the basis of the previous experience and whether ifthree wheelers and taxies are plying more on road during suchrestriction and relevant data be placed.

During Odd/Even Scheme what is the difference being causedby stopping use of four wheelers when various other contributoryfactors are not taken care of by Government of NCT of Delhi.An affidavit has been filed by the Ministry of Environment andForest, in which in paragraph 10 following facts have beenmentioned. Air quality, winter inspections 2019-20 status till31.10.2019 is extracted hereunder:-

M. C. MEHTA v. UNION OF INDIA & ORS.

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

Total complaints lodged : 1646

Total inspections – 249

Major Sources reported

[2020] 2 S.C.R.

AMajor polluting activities defined in identified hotspot regions :

1. Jahangirpuri

•Open dumping of garbage & C&D

•Traffic congestion

B2. 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

5. Wazirpur

•Open dumping of garbage

6. Vivek Vihar

•Traffic congestion

•Open dumping of garbage & road dust

7. Anand Vihar

8. Punjabi Bagh

9. Mundka

•Unpaved roadsG

•C&D and industrial waste dumping

10. Narela

•Industrial waste – dumping & burning

•Garbage – dumping & burningH

M. C. MEHTA v. UNION OF INDIA & ORS.

11. Okhla

•Open dumping of garbage

•Open dumping of industrial waste and C&D

12. Dwarka

•Unpaved road

13. Mayapuri

•Unpaved road

•Road dust

14. Sahibabad

•Unpaved road

•Road dust

•Open waste dumping

15. Udyog Vihar

•Open dumping of garbage

•Unpaved roads

16. Faridabad

•Open dumping of garbage

•Unpaved roads

•Open burning

•Industrial waste dumping

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

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 stoppedforthwith as well as garbage burning. In case, any person is foundin construction and demolition activity and garbage burning in Delhiand NCR region, he/she shall be penalized. Any person is doingconstruction and demolition activity in violation of this order, shallbe penalized with Rs.1 Lac for such activity. For garbage burninghe/she shall be penalized with Rs.5,000/- and besides liable forviolation of the order passed by this Court to be dealt with inaccordance with law.With respect to open dumping of waste and garbage, we directthe Government of NCT of Delhi as well as the concernedMunicipal Corporation to chalk out immediate plan and to ensurethat waste and garbage to be removed to safe places forthwithand also to ensure that no open dumping takes place. We directZonal Deputy Commissioner to be responsible with other officersin this regard. Let road-maps be prepared so as to provide properamenities 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/dustsuppressors be used on the roads. An IIT expert suggested aboutthe appropriate water pressure for the sprinklers. At what pressurewater should be sprinkled so as to reduce the pollution and dust sothat it does not add to the pollution. Let the Corporations act onadvice of the expert of the IIT. Such roads where traffic congestionis more, let traffic plan be also prepared in such manner so thatthere is no extra burden on particular road so that trafficcongestion is taken care of. It is for the concerned traffic authoritiesto take immediate steps in this regard.

Since we are fixing the liability on the person responsible forinaction at the village level as well as three States in the NCRregions as well as Delhi, let the widest publicity by all means ofpublication i.e. Television, Media, newspapers, Radio be made. InGram Panchayats by beat of drums also and other modes to ensurethat villagers are made aware of their responsibility and liabilitytowards the other humans so that they do not involve in such acts.

Let the Gram Panchayat, police station, district and taluk levelsby the concerned administration take steps in this regard. Let theState Governments also take the requisite steps to extinguish thestubbles which are burning and for that let State Level High LevelCommittee meet forthwith and take appropriate decision andimplement it. Steps taken be informed to this Court on 06.11.2019by the concerned Chief Secretaries of the three States andGovernment of NCT of Delhi.

Let the concerned authorities of EPCA meet forthwith andtake call in this regard with respect to industrial activities whichare causing pollution how to control it. We also direct all pollutioncontrol Boards of three States and Government of NCT of Delhithat polluting industries/activities against norms are put to haltforthwith.

It was also submitted by M/s. Sanjiv Sen and GopalSankaranarayanan, learned senior counsel that in certain Statesgenerators are also being used which increase pollution mainlydue to cut off of the electricity supply. Generators in Delhi alsoadd to pollution in Delhi as well as in NCR region. Let the StateGovernments and Government of NCT of Delhi ensure thatelectricity is not cut so that generators are not used and let nogenerators be used till next date of hearing except in emergency/healthcare services.

Let the State Governments, NCT of Delhi and also theGovernment of India prepare road map for preventing this kindof situation in future and be placed before this Court, within threeweeks. Let the Action Taken Report be submitted within fourweeks.

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 blatant violation ofArticle 21 of the Constitution i.e., Right to Life by the serious kind ofpollution which is being caused by various factors including stubbleburning. The stubble burning in the month of October/Novembercomprises approximately 40% of the pollution, but for the remainingperiod, stubble burning is not the cause of pollution in Delhi and NCR

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

C3. Various hot-spots in Delhi and NCR regions were identified asnoted in the report. This Court has noted the problem of farmers instubble burning as short gap between two crops due to which agriculturistsindulge in stubble burning. We have seen the satellite images of Punjabwhere stubble burning was more as compared to Haryana and WesternUttar Pradesh from the records of the previous years.D

4. We have observed that the entire machinery involved in theadministration has to be held responsible for such tortious act.Particularly, in view of the fact that this problem is not new and is continuingsince long, and the authorities have not been able to find solution,every year, hue and cry is raised. The same reflects badly on theEadministration, its lethargy is writ large by not taking appropriate actiontimely and preparing scheme for its prevention.

5. In the circumstances, we have issued directions to the ChiefSecretaries of the States of Rajasthan, Haryana, Punjab, and NCT ofDelhi. This Court has also issued directions to all the authorities includingFpanchayats and concerned administrative authorities to ensure that stubbleburning does not take place. Other directions were also issued to betaken care of by the Environmental Pollution (Prevention and Control)Authority (EPCA). Considering the precarious situation, we alsorestrained demolition and construction activities for the time being andGdirected the Municipal Authorities, Zonal Commissioners and DeputyZonal 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 contributingto three percent of the pollution and also 28% caused by the vehicularHpollution and then approximately 50% cars operate in Delhi even on

those days having odd or even numbers. Thus, it was pointed out that itwas 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 haveheard the Chief Secretaries of various States, including the AttorneyGeneral and passed the following order:

“Heard Sh. K. K. Venugopal, learned Attorney General forIndia, 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 ofPunjab, Haryana, Uttar Pradesh and Govt. Of NCT of Delhi inextensive detail, who have appeared today pursuant to our orderdated 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 bythe concerned States where the stubble burning is taking place.This Court passed an order on 29.01.2018. The comments andrecommendations made by EPCA on the report of the Sub-Committee of the High Level Task Force on prevention of stubbleburning in Punjab, Haryana and Western Uttar Pradesh wasconsidered by this court. This Court directed the High Level TaskForce to adhere to the timelines decided upon by itself and toensure full compliance by all concerned. This Court also directedthe Union of India to give publicity to the Report of the HighLevel Task Force so that the people are aware of the action beentaken. Publicity can be given through print and electronic mediaas well. Thus, in the pious hope that stubble burning and its impacton the environment shall be taken care of, this Court disposed ofthe application.The Report of the Sub-Committee of the High Level Task Forceon stubble burning in Punjab, Haryana and Western Uttar Pradeshhas been placed on record, in which suggestion was made tooffer Rs. 100/- per quintal as incentive and disincentive both.

The Chief Secretary to the States of Punjab has placed onrecord the action plan for control of burning of the crop in theState of Punjab dated 01.10.2019. However, the same does not

DEF

contain the proposal to pay Rs. 100/-. The steps taken by theState of Punjab, pursuant to the order passed by this Court on04.11.2019 have been placed on record by the Chief Secretary,which we take on record, in which suggestion has been made tooffer financial support in the form of operational cost of cropresidue management equipment to play positive role to achievezero stubble burning. It has been proposed that the amount of Rs.100/- per quintal would come to Rs. 2000-2500/- per acre. It wasalso stated that there is crop of approximately 24 quintals peracre.

Be that as it may, we direct, in the facts and circumstances ofthe case, to take care of the stubble, which has not been burnt bythe 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 bythe State Governments to those who have not burnt the stubble.

The Central Government has provided the Scheme ofPromotion 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 total outlay of Rs.1151.80 Crores for in-situ Crop Residue Management such as Super Straw ManagementSystem for Combine Harvesters, Happy Seeders, HydraulicallyReversible MB Plough, Paddy Straw Chopper, Mulcher, RotarySlasher, Zero Till Seed Drill and Rotavators are promoted with50% subsidy to the individual farmers and 80% subsidy forestablishment of Custom Hiring Centres of these machines. TheCentral Government has disbursed its 100% share of fundsamounting to Rs. 269.38 Crores, Rs. 137.84 crores, Rs. 148.60Crores 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 Secretaryto the State of Punjab and Mr. Charanpal Singh Bagri, learnedcounsel appearing for the farmers that most of the farmers burningstubble are of the category of small and marginal farmers in theState of Punjab and the Cooperative Societies give the machineson hire basis, which cannot be afforded by the small and marginalfarmers. We have been assured by the Chief Secretaries to the

State of Punjab, Haryana, Utter Pradesh that they will be dedicatingcertain machines for the use of small and marginal farmers. Evenoperational expenses shall be borne by the State Governmentsfor the time being till the methodology/policy is devised to provideproper facilities of machines dedicated to small and marginalfarmers in each of the States. Let roadmap be prepared for thatpurpose as it is this class of farmers who requires support as itis by way of compulsion and short duration of time between twocrops and they cannot afford the machines which are valuable,having high cost and there is so much small gap between twocrops that they are forced to burn stubble in the circumstances.As projected by the Chief Secretary that the Government isnot able to provide financial support to these small and marginalfarmers, cannot be accepted. Agriculture is the backbone of theeconomy of this country. Its interest cannot be overlooked andself-created bankruptcy cannot rescue it when the State has theobligation towards the agriculture. The Central Government isproviding 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 StateGovernment to ensure the interest of these class of farmers iscatered and they have the facilities of farming and harvesting bymodern machines. It should not be prerogative of the chosen few,those who have the money, means and power to afford theseluxuries. It is absolutely necessary that poor farmers are equallyprovided with the modern facilities which are necessary to preventsuch incidents of stubble burning and the State Governments’selfcreated bankruptcy or paucity of funds cannot be guise, notto discharge its obligation, as laid by this Court in “MunicipalCouncil, Ratlam Vs. Vardhichand & Ors.”, reported in AIR 1980SC 1622. We have issued the directions to the various States inaccordance 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 haspassed the order on 29.01.2018, nothing happened to prevent thestubble burning and it has increased this year. Stubble burningtook place last year also. That was enough to put on guard the

machinery of various Governments, but they did not act in thereal earnest. That is why, the incident of stubble burning for wantof proper policy has taken place in utter disregard to Court’s order.Even the suggestions which were made in the Report, which hadbeen considered by this Court in January, 2018 that Rs. 100/- tobe provided as incentive, could not be finalised is nothing but thepathetic state of affairs in which we are put as on today. The totalapathy is writ large.

The authorities, concerned Committees, the State Governmentsought to have acted to discharge their duties. Directive Principlesof the State Policy have been left out of the purview of the Courtsfor the reason that the State Governments should have full freedomto implement those in the manner it so desires and the Courts maynot become the hurdle in implementing the schemes when theyhave found expression in various schemes. The schemes cannotbe permitted to remain dead letter as futility of such schemes isinjurious to the very rule of law and can create anarchy. Whenschemes have been framed, they are to be implemented and wefully agree with the submission raised by the Attorney Generalfor India that for this pathetic state of affairs, officers cannotescape from their responsibility and liability. They have to be heldliable for their inaction and for the situation which is being createdevery year. When we come to the responsibility of the officers,obviously, each and every incumbent manning the StateGovernment also becomes responsible to take steps in the positivedirection. To punish farmers is not an ultimate solution. To providethem the basic facilities, amenities and modern equipment is thecall of the day, which has not taken place and the benefits whichare being given to the cooperative societies are being usurpedmostly by the big farmers. Small and marginal farmers are stillnot able to reap the fruits of these schemes/machines. We areassured by the Chief Secretaries that they will be looking into thisaspect and definitely taking action for allocating these machinesto small and marginal farmers. Let them consider at present evenwithout charging anything from them. We direct the StateGovernments to dedicate these machines, modern equipment forthe service of small and marginal farmers for the time being evenif necessary free of cost. Let concrete steps be taken and action

taken report be submitted to this Court within period of onemonth from today by the concerned State Governments.

We have been informed by the Chief Secretary of the State ofPunjab that they have ordered certain machines to be purchasedin the month of July, August and September, 2019. They arereceiving the requisite machines everyday. We expected and itwas required that steps should have been taken timely for procuringthese machines and to make them available before the harvestingseason came for the crop. Now we expect the State Governmentsto procure the machines as early as possible and submit reportin this regard within four weeks from today.

It was suggested by the Attorney General that it would beappropriate to direct the concerned Ministries of the CentralGovernment as well as the State Governments involved in thematter to prepare comprehensive plan to take care of the situation.It is welcome suggestion and we accept it. We direct the Ministryof Agriculture, Ministry of Environment and Forests and the Statesof Punjab, Haryana and Uttar Pradesh and the Government ofNCT of Delhi to prepare comprehensive scheme to take careof environmental issues and all such ancillary issues taking careof providing small and marginal farmers with modern equipmentand let such scheme be prepared not only for these States butfor various other States where such facilities are lacking and arerequired to be provided. For that, modalities may be worked outas per the scheme to be framed by the Central Government incollaboration/ consultation with the various State Governments.Let it be done within three months from today and the report ofthe steps to be taken be submitted to this Court.

For the time being, we direct the States of Punjab, Haryanaand Uttar Pradesh to disburse the money and they should notwait for or write letters to the Central Government to give certainfunds for this purpose. Let it be released forthwith and anynoncompliance of the same would be viewed seriously, is madeclear to the concerned Chief Secretaries, who are present in thisCourt.

We will take final call on the aspect of finance also when weconsider the detailed report to be submitted by the State

Government and after hearing the other stake holders, includingthe Central Government.

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

We have heard the Chief Secretary of Delhi also and havepointed out the tables extracted in the order dated 04.11.2019passed by this Court there are various factors which arecontributing to the pollution in Delhi such as construction anddemolition, open dumping of waste, garbage, unpaved roads/pit,road dust, garbage burning and traffic congestion. It is apparentfrom the table extracted in the order dated 4.11.2019 thatcontribution to large extent is made by the aforesaid factors andstubble burning in the other States has contributed to 40% to 44%only. It is the shocking state of affairs that in the National Capitalof Delhi there are unpaved roads/pits. We have not been able totake care of the road dust in spite of spending huge amount everyyear, open dumping and waste, garbage burning is still taking place.Basically, the Corporation and the Government of NCT of Delhihas failed to prepare proper scheme in this regard. When thegarbage/waste can be managed in Pune and Indore veryeffectively, why we cannot have waste management scheme inDelhi, particularly when it is the capital city and face of India.This is reflective of total apathy of the officers and lack ofplanning and nonaccountability for the money spent, which isresponsible for the situation in which we are put today. It is onlythe Monitoring Committee which is doing its job effectively,otherwise position would have been much worse. We expect allthe authorities to take care of the situation, we request theMonitoring Committee also to look into these aspects andcompliance is made. We authorize them to look into these aspects,whether orders of this Court in this regard are being appropriatelycarried out or not and submit report to this Court.

It has been assured by the Chief Secretary of the NCT ofDelhi that most of the aspects will be taken care of within sevendays. They have made consultation with the IIT Expert on thepressure with which water to be sprinkled on the roads andchemicals to be used so as to settle the dust. We hope and trustthat the statement made by the Chief Secretary is carried out intrue letter and spirit and let compliance report in this regard befiled in this Court, taking the steps not only with respect to theseworks but various hot spots which have been pointed out withrespect to Delhi by the Government of NCT of Delhi, with respectto other places such as Faridabad, Gurugram etc. we direct theconcerned Chief Secretary to the States to take care of those hotspots and to submit compliance report of the needful. Withrespect to unpaved roads/pits, there should ideally be no pits/potholes as they are cause of various accidents and accidentaldeaths. There are uncovered chambers also which are left.Unpaved roads have also contributed to the pollution and dust.Let concrete plan in this regard, notwithstanding colony is legaland has been handed over or not, be prepared and submitted tothis Court by the Government of NCT of Delhi in collaborationwith and consultation of the various corporations and time framefor that be also stated. In how much time they are going to improvethe road conditions. Pits/potholes be taken care of positively withinthree weeks from today.8. This Court vide order dated 29.1.2018 has directed theconstitution of High Level Task Force to adhere to the timeline decidedand compliance by all concerned. This Court has earlier directed theUnion of India to publish the report of the High Level Task Force so thatpeople are being aware of the action being taken. Publicity was to begiven in print and electronic media as well. Acting upon the public trustdoctrine imposed upon the authorities, this Court has disposed of theapplication. report of the Sub-Committee of the High Level TaskForce was submitted before this Court in which suggestion was made togive Rs.100/- per quintal of incentive and disincentive both.

9. Pursuant to the order passed by this Court on 4.11.2019, theChief Secretary of Punjab placed on record suggestion to offer financialsupport in the form of operational cost of Crop Residuary ManagementEquipment to play positive role to achieve zero stubble burning. It was

Aproposed that an amount of Rs.100/- per quintal would come to Rs.2000-2500/- per acre as yield is approximately 24 quintal per acre. Consideringthe aforesaid, we have directed that financial support of Rs.100/- perquintal for Non-Basmati Paddy shall be given to those farmers whohave not burnt the stubble as an incentive. For in-situ crop residue,Central Government has provided scheme of promotion of agriculturalBmechanization in the States of Punjab, Haryana, Uttar Pradesh and NCTof Delhi. For the management of straw 50% subsidy has been providedto the individual farmers and 80% for the establishment of Custom HiringCentres for procuring machines as mentioned in the order.

10. It was pointed out that marginal farmers and poor farmersCburn the stubble as they do not have means either to purchase or to hirethe machines such as Super Straw Management System for CombineHarvesters, Happy Seeders, Hydraulically Reversible MB Plough, PaddyStraw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill andRotavators, etc. The interest of these classes of farmers has to beDlooked into by the concerned State Government so that they are able todo harvesting by the modern machines and facilities. This Court hasnoted that adequate steps have not been taken by the concerned StateGovernments and the Committees despite the order passed by this Court.They ought to have discharged their duties. This Court also directed theState Government to dedicate certain machines with modern equipmentEfor the service of small and marginal farmers. comprehensive planwas ordered to be prepared to take care of the situation. We havedirected the Central Government to work in collaboration and consultationwith various State Governments to do the needful within three monthsand to submit report in this Court.F

11. This Court also observed as to why there is no proper systemof disposal of garbage and waste management and the proper schemehas not been prepared in this regard by NCT of Delhi. When it can bemanaged in cities like Pune and Indore effectively, it is disheartening tonote that Chief Secretary has ultimately stated that they have anGarrangement for only 55% of the garbage and waste and not for theremaining 45% per year. In these circumstances, we have directed theMonitoring Committee to look after these aspects and to submit reportwith respect to NCT of Delhi. We have also directed that unpavedroads, potholes should also be taken care of. Potholes are the cause ofvarious accidents and accidental deaths. We have directed that potholesH

be taken care of within three weeks and for unpaved roads, acomprehensive plan be prepared.

12. This Court thereafter took up the matter on 13.11.2019 andpassed the following order :

“RE : SMOG IN DELHI

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

We direct the Central Pollution Control Board (CPCB) toproduce the record of each and every day from 02.11.2019,including that of 11th and 12th November, 2019, which were notodd/even days, till 14.11.2019. The record of the month of October2019 shall also be produced before this Court. The day-to-dayrecord of the last year, maintained by CPCB, for the same periodfrom 01.10.2018 till 31.12.2018 and January and February 2019be also placed on record before this Court. Let the requisiteaffidavit be filed on or before 15.11.2019.

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

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.

copy of the writ petition be furnished on the standing counselfor the respondent.”

13. This Court directed the Union Government and Governmentof NCT of Delhi to convene meeting to consider the feasibility ofinstallation of Smog Towers.

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

“A joint affidavit on behalf of Ministry of Environment, Forestand Climate Change and Central Pollution Control Board has beengiven in Court today along with some letters one of which wassent to Department of Science and Technology dated 31.10.2019

(Annexure R/3) regarding establishment of towers to removepollution but final decision is required to be taken on the saidproposal. The above affidavit is taken on record.

As prayed, let decision in the matter be taken within sevendays from today.

With respect to Project Vayu, let the concerned stakeholdersfile their response as to how much time will be taken to note theresults of the trial and the minimum period required for that. Therequisite affidavit be filed within seven days.

We have heard Member Secretary, Central Pollution ControlBoard (CPCB) and other senior counsels/counsels appearing forthe parties. The Member Secretary, CPCB has pointed out thatpollution caused due to stubble burning has been reduced toapproximately 5%, however, residue remains of the previousstubble burning that is also adding to the pollution.

It was also pointed out that vehicular pollution adds to 28% ofthe 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 thatodd-even scheme is applied to the cars only, which contributeonly 3% out of 28% of the total pollution caused by the vehiculartraffic in Delhi. Mr. Mukul Rohatgi, learned senior counsel hasalso pointed out that applying odd-even scheme with respect tocars cannot be said to be wholesome solution. However, in theabsence of the effective public transport, two-wheelers and three-wheelers plying has not been stopped.

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

It was also pointed out that there are complaints that somevehicles are plying illegally using kerosene in Delhi/NCR and DelhiPollution Control Committee (DPCC) has power and authority tocheck such use in Delhi. The DPCC can do the needful in thematter. We direct DPCC to ensure the random checking is doneof three-wheelers as well as vehicles which are being used in

Delhi by corporations as well as other such bodies etc. as to whatkind of fuel is being used. In NCR region concerned pollutioncontrol bodies to do the checking. In case it is found that Keroseneis used not only the concerned driver/owner shall be responsiblebut the officers of the Department shall also be held responsiblefor using the kerosene oil. Let random checking be done of asmany vehicles as possible and report be submitted to this Courtwithin seven days, of the checking done in this regard.

It was also pointed out by the Member Secretary, CPCB thatthere are 13 hot spots which have been identified in Delhi andthere were several other spots in NCR which were also pointedout in the order dated 06.11.2019. Some steps have been taken totake care of those hot spots but lot of steps remain to be done.Let the effective steps be taken so as to remove the pollutantsfrom the hot spots as ordered by this Court. Hot spots be clearedof the pollutants within week, which is reasonable period asstated by the Member Secretary, CPCB and compliance affidavitbe filed.

We have asked Mr. Mukul Rohatgi, learned senior counselappearing on behalf of the NCT of Delhi, to find out what effectivesteps can be taken to curb the pollution in Delhi and NCR Region,considering the onset of winter and fog conditions which are goingto cause serious problem.

We have seen that in spite of imposition of odd-even schemethe pollution is increasing in the city of Delhi and the NCR regionand pollution has reached to very severe level. Drastic steps arerequired to be taken by all concerned working in tandem and tocooperate with each other as it is not an adversarial litigation. Letthe concerned authorities discharge their duties in view of Doctrineof Public Trust and rise to the occasion to take care of the pollutionwhich is being caused. Let the effective steps be suggested tothis Court, as assured, on 25.11.2019. It was also pointed out thatin Haryana, Punjab and Uttar Pradesh stubble burning is still takingplace. Satellite images have been placed on record by Ms. AprajitaSingh, learned Amicus Curiae, Mr. A.N.S. Nadkarni, learnedAdditional Solicitor General of India and Mr. Mukul Rohatgi,learned senior counsel. In the circumstances, in order to ensurethat necessary steps are taken and no stubble burning takes place,

Athe presence of the Chief Secretary of the State of Punjab,Haryana and Uttar Pradesh and the NCT of Delhi is required aslot is required to be done and the pollution level is worsening inDelhi and NCR region, in spite of orders. We direct the ChiefSecretary of the above mentioned States/NCT of Delhi to filetheir respective affidavits of the steps taken and to remain presentBin this Court on 25.11.2019.

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

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

List on 25.11.2019.”

15. It was pointed out by Shri Mukul Rohatgi, learned senior counselappearing on behalf of Government of NCT of Delhi that by applyingodd-even scheme with respect to cars alone cannot be said to be aEwholesome solution. In the absence of effective public transport, two-wheelers and three-wheelers plying have not been stopped.

16. As matter of fact, in our opinion, it is absolutely necessary tohave an effective public transport system in order to ensure that plyingof private vehicles is minimized. Until and unless the Government fulfillsFits obligation to provide an effective public transport system, privatevehicles are bound to be plied and adding to the problem.

17. It was pointed out that 28% of the total pollution is caused byvehicular traffic. Though pollution by stubble burning was reduced to5%, one of the major factors for pollution is construction and demolitionactivities. Agriculture burning is adding to 4%, and industries are causingG30%, residential sector in the form of Bio Mass, Kerosene and LPG areadding to 10% in total.

18. This Court also took note of the submission that certain vehicleswere found plying on Kerosene. This Court has issued appropriatedirections in this regard also. Thirteen hot-spots were identified in Delhi

and various other spots in NCR. We have issued directions in this regardalso. However, at present status report is required to be filed by Delhiand NCR region with respect to these hot-spots, which have beenidentified and noted in the orders mentioned above.

19. It was also pointed out to this Court that in winter fog conditionsare going to cause further deterioration of the Air Quality Index (AQI).This Court thereafter directed the matter to be listed on 25.11.2019.Following order was passed:

“1. Heard the learned counsel for the parties and the ChiefSecretaries to the States of Punjab, Haryana, Uttar Pradesh andGovt. of NCT of Delhi at length. We find from the Affidavit placedby Mr. A. N. S. Nadkarni, learned ASG, that the fire count as on07.11.2019 has increased thereafter in the States of Punjab andHaryana and Uttar Pradesh on some of the days. The situation isalarming and indicates that the order has not been complied withand for that not only the State machinery is responsible, but thefarmers are also responsible. Considering the aforesaid aspectsand also the Air Quality Index, it has become necessary to takecare of the situation, otherwise such incidents are not going tostop in future.

2. We are informed by the Chief Secretary to the Govt. of NCTof Delhi also that they have arrangements to clean annually thegarbage and waste to the extent of 55% only and the remaining45% cannot be cleaned in spite of best efforts considering theannual capacity to clean the garbage/waste. We have suo mototaken note of the water pollution in Delhi and other places as itappears that there are reports that impure water is being suppliedto the people and there are reports to the contrary that sampleshave been manipulated. We cannot leave the matter at that. As amatter of fact, in such matter of air and water pollution, it is theConstitutional duty enjoined upon all the stakeholders to do theneedful for providing better air and potable water. It was alsostated by the Chief Secretary to the Govt. of Delhi that there arecertain problems of governance. The problem of governance, ifany, cannot come in the way to deal with such matters. It isexpected from the Government machineries not to enter into therival claims, but to sit down together, work it out how to improve

BCD

EFG

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 ofUttar Pradesh that they are mainly focusing on eight districts, aswith regard to those districts this Court has passed the order. Hehas also reported to us that stubble burning incidents, which havebeen increased, are in the Eastern region. It may not affect Delhiand NCR Region. As matter of fact, such approach is notunderstandable that the State has to take care of only those areasfor which this Court has issued the directions. We take judicialnotice of the fact that there are six other cities in the countrywhich 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 isthe Air Quality Index in the various towns. How they aredischarging their obligations with respect to lifting of the garbage,waste etc. and by and large, we can take judicial notice of thefact that similar is the situation in virtually several cities in variousStates. The Corporations are not having even the basicarrangements for lifting the garbage, which is being generatedeveryday. It appears to be case of lost priorities. Be that as itmay, there are certain cities which are managing the garbageeffectively and efficiently in India, which indicates that it can bedone in effective way but there is lack of proper planning in thatregard.

4. We see Yamuna river virtually turned into sullage. We takejudicial 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 riverwater pollution. We direct the Pollution Control Boards of thevarious States as well as the Central Pollution Control Board andvarious Governments to place before us the data and materialwith respect to various rivers in the concerned States, and whatsteps they are taking to curb the pollution in such rivers and tomanagement as to industrial effluents, sewage, garbage, wasteand air pollution, including the water management. We club theending case of water management with this matter.

5. It was stated by the Chief Secretary to the State of Punjab thatthere are few machines by which stubble can be collected calledthe bailors but those machines are concentrated in few districtsonly. He has assured us of the fact that such bailors to be providedin different districts at block levels so that small farmers can usethese machines for removal of the stubble. We direct the Statesof Haryana and Uttar Pradesh also to do the needful in this regard.We also issue notice to various other States as stubble burning istaking place in various other States also to submit report as tothe stubble burning in their States and what steps they are takingand what they propose to do in this regard.

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

7. We are informed that Anti Smog Guns were experimented bythe Government of NCT of Delhi which is used as cannon thatsprays automized water 50 metres into the air to bring downsuspended pollutants. The device is connected to water tankand it can be taken to different parts of the city on vehicle. Werequire the Government of NCT of Delhi to report to us whatsteps they have taken in this regard to use and acquire these AntiSmog Guns and the outcome of the experiment which wasperformed. Let Central Pollution Control Board (CPCB) alsoascertain and submit report regarding the effect created by theuse of such guns within 10 days.

8. There are other technologies which are being used to controlthe pollution. Oxy Furnaces are being developed to reduce theOzone Emissions from industries. Technology of i) WirelessSensors; ii) Nanotechnology; iii) Laser methods; (iv) Spectroscopicmonitoring techniques and (v) Chemical methods are also used soas to control the pollution.

9. We require an IIT expert to be associated by the CPCB andHigh Level Committee to be formed by the Central Government

including that of the stakeholders of the Government of NCT ofDelhi to work out on the aforesaid various technologies and howthey can be utilised and their feasibility etc. Let the Committee beconstituted within three days from today and report be filed withinthree weeks in this regard with respect to above-mentionedtechnologies.

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

11. In this case we find that Delhi is lacking the capacity to theextent of 45% to even clean the garbage/waste which is beinggenerated. Similar is the situation in various other places. We takenote of the situation which is alarming and time has come to remindthe State machineries as to their duties as all of us are meant toserve the people of this great country. Our Constitution hasenvisaged certain Directive Principles as they are more importantrights at the discretion of the Government. The Courts are not tointerfere in that, but dereliction cannot be to the extent that thevery right to life is endangered by the inaction.

12. We find that the State has to take care of the health andstrength of workers, men and women. Children are givenopportunities and facilities to develop in healthy manner. TheState is duty bound under Article 41 also to take care of old age,sickness and disablement etc. The State is also under obligationunder Article 47 to raise the level of nutrition and the standard ofliving and to improve the public health. Under Article 48, the Stateis duty bound to endeavour to organise agriculture and animalhusbandry with modern and scientific lines. Article 48A deals withprotection and safeguarding of forests and wild life. Article 51A(g)confers duty on individuals to protect and improve the naturalenvironment including forests, lakes, rivers and wild life, and tohave compassion for living creatures. Article 51A(h) requires todevelop scientific temper, humanism and the spirit of inquiry andreform.

13. Not only the basic Fundamental Rights are being ignored withrespect to air and water, problem of governance are beingprojected, which cannot come into the way of the basicFundamental Rights which human enjoys, much less to talk ofthe Fundamental Duties and Directive Principles contained in theState policy which have already found statutory expression in theform of Municipal laws, Prevention of Air Pollution and WaterActs and various schemes framed by the Central Governmentand State Governments, but we see neither the air quality hasimproved nor the water quality in several States, not to talk ofDelhi only. We have called for the report from Delhi Governmentwhere the reports indicate that the contaminated water is beingsupplied and also from Bureau of Indian Standards to submit reportin this regard.

14. In the aforesaid situation, we have to direct the various StateGovernments to submit report not only as to the air quality butalso as to the quality of water which is being supplied, and watermanagement system.

15. At the same time, as we find that in spite of various orderspassed by this Court, we are not able to improve the situation ofair quality which we can see at least in Delhi and NCR withcertainty. Time has come to require the State Governments toexplain why they should not be asked to compensate the personswho are being affected by bad air quality. Obviously, the State isrun by the administration, why liability should not be imposed forsuch tort on the concerned machinery also of the various Stateswhich are failing to discharge their basic duties. This Court inMunicipal Council, Ratlam Vs. Vardhichand & Ors., reported in(1980) 4 SCC 162 has held they have to take proper and positiveaction in this direction. It is their bounden duty to provide civicamenities, and also to see that self-created bankruptcy does notcome in the discharge of the statutory obligation which arenecessary for existence of human life. We have seen during the

course of the arguments that one State is passing the burden uponthe Centre and then it is stated on behalf of the CentralGovernment that they have framed scheme and it for the StateGovernments to implement it. We expect not only the ‘policymaking’ but also its ‘implementation’. Let the States of Punjab,Haryana, Uttar Pradesh and the Government of NCT of Delhirespond, due to the air pollution, why the concerned Governmentand its concerned machinery, from top to bottom, should not beasked to compensate the citizens of Delhi and adjoining areas forvarious diseases which are being caused and sufferings andtroubles which are being faced and the report indicates the lifespan is being shortened. Let show cause notice be issued to thevarious State Governments, and to the Chief Secretaries, to submitreply within six weeks. Let the matter be listed for considerationon 17.01.2020. The Chief Secretaries to the States of Punjab,Haryana, Uttar Pradesh and Government of NCT of Delhi bepersonally present on that date.

16. Besides that, we also issue notice to the learned counselappearing on behalf of the farmers as to show cause why theorders of this Court have been violated and why the farmers shouldnot be asked to pay the compensation which may be determinedby this Court and why the burden should not be fastened uponthem also.

17. Let the decision be taken with respect to other technologiesmentioned in Paragraph No. 8 above as also the decision to betake on the smog guns and smoke towers within 10 days fromtoday. List the case for consideration of above aspects on09.12.2019. “

20. This Court was again apprised of that stubble burning hadincreased after 7.11.2019 in the State of Punjab and Haryana and UttarPradesh on some of the days.

21. Regarding water pollution in Delhi and other places, consideringthe reports that impure water was being supplied to the people, whichwas not potable, we have directed the concerned authorities to sit togetherfor improving the quality of the water and methods to improve watermanagement.

22. It was pointed out that apart from Delhi, there were six morepolluted cities in terms of AQI than Delhi. We have issued notice to allthe States to improve the quality of Air and what steps the corporationand other municipal bodies were having for the effective disposal ofgarbage. As to the pollution of rivers, this Court has directed to placethe data as to what steps are being taken by various State Governmentsto curb the pollution in the rivers as more than 300 rivers are reported tobe polluted by way of industrial effluent, sewage, etc.

23. The Chief Secretary of State of Punjab also pointed out thatstubble can be collected by the machines called balors. They wereconcentrated only in few districts. We were assured that they wouldbe distributed in different districts and block-level where small farmerscan use these machines for removal of the stubble.

24. We have directed that with respect to Smog Towers, decisionbe taken not only by the Government of NCT of Delhi but by allconcerned stakeholders i.e., Punjab, Haryana, Uttar Pradesh, etc. Withrespect to Anti Smog Guns also, we have directed how they can be usedto minimise pollution be reported to this Court. Besides, the Court hasdirected 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 decisionbe taken and informed to this Court. We have also noted that air pollutionis worsening and large number of people suffer as side effect byvarious diseases such as cancer, asthma, etc. The life span is alsoadversely affected. We have also required to show cause as to why theState machinery should not be held responsible for compensating thepeople for making inadequate arrangements to check air pollution, havingno arrangement for the lifting of the garbage and waste, which ultimatelyalso adds to the pollution. We have noted the constitutional statutoryobligation of the Government and the various other bodies, StateGovernments and various Municipal Bodies in the above-mentioned order.

AWe have also called the report as to water pollution from DelhiGovernment as well as the Bureau of Indian Standards. We have alsodirected the States of Punjab, Haryana, Uttar Pradesh and Governmentof NCT of Delhi to respond as to why the concerned Government andmachinery should not be asked to compensate the person for the varioussufferings and trouble faced by them and violation of their right underBArticle 21 of the Constitution. For that, the matter has been listed on20.01.2020.

26. Thereafter the matter was taken on 9.12.2019 and the followingorder was passed :

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

DLet the Chief Secretaries, Department of Environment,Government of NCT of Delhi and the States of Punjab, Haryanaand Uttar Pradesh be also made the Members of the Committeeformed by the Central Government.

Let the report of the Committee be filed with respect to theEaspects mentioned in Paragraphs 6, 7 & 8 of order dated25.11.2019, by 11.12.2019.

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

List the matter for consideration on 16.12.2019.FAs mentioned by Mr. Ranjit Kumar, learned senior counsel,Report Nos. 1 and 2 be also placed for consideration on16.12.2019.

IA NOS. 177602 AND 177610/2019

GIn the affidavit dated 05.12.2019, the Central Pollution ControlBoard (CPCB) has stated as under :-

“12. That it is respectfully submitted that it is normallyexperienced that in month of December depending uponclimatic condition the AQI category varies. As matter of

fact, last year (2018) 8 days in the month of December werein severe AQI category. Presently the situation not being severe,CPCB is of considered opinion that partial ban could be inplace for construction activities in as much as no constructionshould be permitted during night time (6.00 pm to 6.00 am).The ban imposed could be partially lifted by permitting activitiesduring day time (6.00 am to 6.00 pm), subject to the criteriastipulated in GRAP, wherein strict enforcement of rules fordust control in construction activities and closure of non-compliant sites is mandated in moderate to poor AQI categoryand further bank on construction activities may be imposedby 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 recommendationsmade by the Central Pollution Control Board (CPCB), as quotedabove. However, conditions for raising construction bescrupulously followed.

The applications are disposed of.”

27. An affidavit has been filed by respondent No.1, i.e., Ministryof Environment Forest and Climatic Change, wherein it has been pointedout that Ministry has constituted High-Level Committee on 27.11.2019to submit 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

c.Member Secretary, DPCC-Member

d.Head of Technology Missions Division, DST-Member

e.Professor Mukesh Khare, Civil Engineering Department, IITDelhi – Member

f.Professor Mukesh Sharma, Civil Engineering Department, IITGKanpur – Member

g.Head of Air Quality Division, CPCB – Member”

28. As soon as the report is received, the Ministry shall deliberateupon the report of the Committee and submit it to the Court.

A29. Status Report in the form of an affidavit has also been filedon 16.12.2019 by the Ministry of Environment, Forest and ClimaticChange. Following issues were considered:

a)Smog Towers

b)Anti-Smog Guns

c)Oxy-Furnace

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 withUniversity of Minnesota proposed large scale air cleaningsystem with down-draft approach for reducing pollutionconcentration level. The technology aims to provide downdraft for the air flow through electricity run rans and filterbank for passage of polluted air. The technology sucks airfrom top of the tower and provide downdraft flow throughhigh efficiency filter at 3-4 m height from the ground. Theflow is induced by 40 fans. The land area coverage is 20m x20m for tower base surrounded by 10m x 10m for shroudedand safety area, thus total of 30m x 30m with approx. height of20m The tower will be made of 6m x 6m rectangular stainlessframe enforced concrete structure and 40 fans will be pushingair through 4 m high filtration systems covering the four sideswith total airflow rate of 960 m3/sec. Effective Clean AirDelivery Rate (CADR) of is 75 million m3/ day. It was reportedthat on an average of 65% of reduction can be achieved up to700 m and it is expected to influence more than 1 km in thedownwind direction. At the same time the radius of influenceis around 400 m in all other directions.

31. decision has been taken to start pilot project as suggestedby the Indian Institute of Technology, Delhi and Indian Institute ofTechnology, Bombay and Expert Panel of Department of Science andTechnology and the Delhi Government to take up the Pilot Project atConnaught Place. It has also been pointed out that the Ministry is infavor of adopting new technologies also, which helps in mitigating airpollution and cut at the root. The Ministry has, thus, for the time being,decided to establish one or two demonstration towers in the area oflocalized residents of the high pollution level. After the efficiency ofthese demonstration towers, the Ministry will consider installing multipletowers.

In re: Anti Smog Guns

32. With respect to Anti-Smog Guns following observations havebeen made:

“Based on the findings of CPCB-DPCC study, it may be inferredthat anti-smog gun may be effective in controlling localized (50-70m) dust during the period of application and more suitable tohigh dust emission zones such as large construction sites.”

In re: Oxy Furnace

33. With respect to Oxy Furnace observations of the High-LevelCommittee is as under:

“While there have been instances to suggest the usage of oxy-fuel furnaces in glass industries, only research project/ pilot studieshave been run for other industries. Test runs have been conductedto 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 specificapplicability of oxy furnace for given size and area, detailedfeasibility study involving sector specific experts and stakeholdersmay be conducted my Department of Science & Technology inassociation with the concerned ministry.

It is noteworthy to mention that in urban centers, most of theNox is released from vehicles. Thus, there may not be aconsiderable reduction in ambient air levels of Ozone with theimplementation of oxy furnaces. Also there are Nox emissionstandards specified for these sectors.”

AIn re: Nano Technology

34. With respect to Nano Technology, it has been pointed out thatthe use of nanotechnology is on the research and development stage.Following observations has been made:

“Use of photocatalytic paints for passive air cleaning is atresearch and development phase and implementation of passicephotocatalytic cleaning of outdoor air will require both small andlarge demonstration projects.

Better understanding of parameters controlling release ofnanoparticles from nanomaterials is required in order to formulateCsafer paints i.e. less nanoparticles and VOCs releasing paints withthe same photocatalytic efficiency.

It is recommended that pilot study led by Department ofScience & Technology in association with concerned Ministry,IISC, IIT Kanpur and paint manufacturers may be taken to studyDthe effectiveness of paints using nanomaterials for cleaningambient air including monitoring of release of other undesirablecompounds.”

In re: Chemical methods

35. With respect to Chemical Methods, the Committee has madeEthe following observations:

“Chemical methods are well-established methods for pollutioncontrol in specific industrial sectors.

Use of dust suppressants at sites requiring dust control such asFconstruction & demolition sites and unpaved road have alreadybeen suggested to agencies in Delhi NCR.”

36. With respect to monitoring technology such as Wireless SensorMethods, Laser Methods and Spectroscopic Monitoring Techniquesobservations of the High-Level Committee are produced hereunder:

“Wireless Sensor Network technology is still in developmentalstage and IIT and NEERI are evaluating performance in terms ofits accuracy, precision by collocation study against conventionalreal-time instruments. The smart city air quality monitoring hasincluded WSN as community monitoring network. However, WSNmay be used as an indicative monitoring tool for few activities like

mining, large construction sites, having emission potential tosupplement air quality data and report to regulator for conductingfurther investigation before taking actions.

The laser light scattering based ambient particulate monitoringhas challenges as large spatio-temporal variability in India and thesensitivity of this technique to different particle characteristic &varied whether condition among and within season leads to moredifficulties in adopting this principle in regulatory monitoring inIndia, however certified instruments based on this technique maybe considered in future.

Regarding LiDAR, this technology may be adopted for verticalmonitoring at few places to track transport of pollutants at higheraltitude and for optimization of air quality forecasting.

Spectroscopy methods are being extensively used in air qualitymonitoring (both source and ambient air) in CAAQM and CEMS.New methods having specific applications are being incorporatedin various technical guidelines after periodic review.”

37. An affidavit has been filed on behalf of the Government ofNCT of Delhi, pointing out the observations of the High-Level Committee.They have mentioned about pilot project with respect to the installationof Anti-Smog Towers. It has been pointed out that they have decided toset up tower at Connaught Place. It has been proposed that the pilotproject will be completed by September 2020. With respect to Anti-Smog Guns following observations have been made during theexperiment/ testing.

“That, Anti-Smog Gun demonstrated on 02.12.2019 is type ofconical cannon that sprays atomized water with thrust up-to 70meters with 360 degrees of rotation of the cannon. The cannon/gun was also equipped to spray atomised water from horizontalrange (0 degree) upto 60 degrees. The device was connected toa water tanker and mounted on truck trolley to provide mobility.In order to achieve objectivity during the experiment, the ambientair quality parameters around the area of experiment before, duringthe experiment at different points of time and after the experiment

Awere recorded. The following were observed during theexperiment:

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

ii.During the experiment, the atomized water droplets travelledupto 70 meters approximately and there was no substantialwetting of the ground on which it can be concluded that thereCis optimization of use of water and there was very highprobability of contact between the atomized water dropletsand the particulate matter and resultant cleansing effect.

iii. Though there was measurable impact on the ambient air qualityduring the experiment, the same may have been contributedDby other influencing factors and may not be limited only to theuse of Anti Smog Gun.

iv. It was concluded by the observing team that Anti-Smog Gunhas the potential to reduce the particulate matter load addedinto air by the local sources in following activities:

E• Large construction sites

• Road construction stretches particularly during earthworkand compacting

• Mining activities

F• Large parking sites on unpaved areas during large publicgatherings.

• Demolition activities

• Sprinkling on dust prone traffic corridors.

Gv.It is further recommended by the observing team that use ofsuch Anti Smog Gun may also be considered on the roof ofhigh-rise buildings to measure its effectiveness in trappingparticulate matter during bad air quality days.”

38. It has been pointed out that on the basis of the aforesaidexperiment dated 2.12.2019 directions have been given to all constructionH

agencies engaged in activities over large construction site in Delhi to useAnti Smog Guns so that dust is not emanated during activities such asearthwork, 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. Ithas been pointed out that the Special Monitoring Cell has been constituted.The action taken report dated 7.12.2019 has been filed. It reads asunder:

S No. Action Upto C7.12.2019 1.Total Number of Fire incidents reported by 52525Punjab Remote Sensing Centre 2.Total Number of site visited by the Sub-52287Divisional Teams D3.Total Number of sites at which no crop residue 26347burning observed 4. Cases in which Environmental Compensation 23308 imposed (Amount)(Rs.6.10 Cr.) E5. Red entries made in the revenue record 23298 6.Criminal complaints filed u/s 39 of Air 279(Prevention and Control of Pollution) Act, 1981. 7. FIRs lodged u/s 188 of IPC 1737 F8.Total Number of cases of imposition of 84Environmental Compensation on harvest combines 40. It is further pointed out that for providing financial assistanceG40. It is further pointed out that for providing financial assistancean amount of Rs.100/- per quintal for non-basmati paddy, the Departmentof Agriculture and Farmers Welfare has framed scheme for making apayment to small and marginal farmers who do not burn the stubble. Atotal of 240307 applications were received, out of them 29725 applicationswere rejected. 38697 applications were verified, whereas 171885applications are under process of verification.

A41. It has also been pointed out by the State of Punjab in theiraffidavit that the supply of total machine as per order dated 6.11.2019 is21,302. The Department of Agriculture and Farmers Welfare has fixeda nominal rental rate at which machinery would be provided to small andmarginal farmers by the Custom Hiring Centres and CooperativeSocieties.B

42. comprehensive plan has also been prepared in collaborationwith the Ministry of Agriculture, Ministry of Environment and Forests,Government of India, the States of Haryana and Uttar Pradesh and theGovernment of NCT of Delhi to find all possible solutions like in-situ, ex-situ, diversification from paddy to other crops as well as increased useCof paddy straw in power generation and other allied industries.Approximately 200 balers have been provided in the State under variousschemes (SMAM RKVY In-situ SMAM) in compliance of the orderdated 25.11.2019. Since balers and rake were not included in the in-situCRM Scheme, they have been included in the SMAM scheme for 2019-D20 under Center-State Share Pattern on priority. District-wise detail ofapplication under process for subsidy distribution has also been filed.

43. Six continuous Air Quality Monitoring Stations have been setup in the State of Punjab at Amritsar, Jalandhar, Ludhiana, Mandi,Gobindgarh, Patiala and Khanna. The Department of Science andETechnology and Environment, Government of Punjab, has prepared andsubmitted an action plan for nine non-attainment cities, namely DeraBassi, 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 placedand in case they are not up to the mark, what steps are being taken.FWith respect to nine non-complying districts as mentioned in para 13 ofthe affidavit, what is the action plan and its time limit be indicated.

44. Let the Government of Punjab place before us with respect tosteps taken and scheme and on what nominal rates machinery will beprovided to marginal and small farmers in Custom Hiring Centres. LetGa road map in this regard be prepared and placed before us in this Court.Let comprehensive scheme be placed in this Court as directed to takecare of the situation and the date from which balers have been madeavailable, 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 thatit has identified 4128 eligible small and marginal farmers and distributedthe amount of Rs.16,342,327.50/- to 3930 farmers after verification thatthey did not burn the stubble. After the order dated 6.11.2019, theGovernment of Haryana took proactive steps by providing enoughmachines 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 theState of Haryana. For not controlling the stubble burning, 23 Officerswere charge-sheeted, 7 Officers were suspended and 499 show-causenotices were issued to Village Level Nodal Officers and the total numberof FIR registered were 2020. The State of Haryana had deployed 24414machines out of which 8773 are owned by individuals, 15641 are with2831 Custom Hiring Centres (CHCs). During the year 2019-20Government had established 1637 CHCs against 1300 earlier year.

46. The State of Haryana took the initiative to rope in GramPanchayats for the establishment of CHCs. They are available free ofcost to small and marginal farmers.

47. We direct in this regard that let requisite percentage ofmachines be dedicated and reserved for small and marginal farmers.

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

49. Progress with respect to Straw balers is required to be reportedto this Court.

AIn re: Affidavit by State of Uttar Pradesh

50. An affidavit has been filed on behalf of the State of UttarPradesh, wherein it has been pointed out that with respect to stubbleburning, various incidents were reported between 1st October to 30thNovember 2019. Following actions have been reported:

i.“Departmental action against 599 Lekhpals.

ii.Warning has been issued to 24 Sub-Divisional Magistratesand Tehsildars.

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

v.Adverse entries given to 19 Class II officers.

vi.Department proceedings started against 526 officers andemployees.D

vii.FIR registered against 1867 farmers.

viii. Fine imposed against 2186 Farmers or. Rs.237.23 lakhs and66.03 lakhs recovered till date for flouting this Hon’bleSupreme Court orders.

ix.Department has distributed 10568 Crops ResidueManagement implements to farmers, Custom Hiring Centresand Farm Machinery Banks. Farmers can hire implementsfrom Custom Hiring Centres and Farm Machinery Banks.

x.The Government of India has developed CHC app fromFwhere farmer can get information about Custom HiringCentres nearest to him.

xi.480 Sugarcane Societies and Cooperative Societies are alsobeing provided with 2400 implements for hiring by farmers.

xii.Department is also making budgetary provisions to provideGin-situ management implements to the tune of Rs.3 lakhs toall 59073 village Panchayats of the State in the next twoyears, so that Crop Residue Management implements areavailable nearest to the farmers.

xiii. 5 implements each are being kept at the 200 Mandies of theHState also,

xiv. These measures will help in the easy availability ofimplements to farmers.

xv.Due to interdepartmental coordination, 5 lakh kg/ day ofstubble may be used in gaushalas for feeding of animals.

xvi. For ex-situ management of crop residue, the Chief Secretaryhas already held meeting with Oil Companies. They arepreparing plan for crop residue being used as biofuels.They are inviting expression of interest in the month ofJanuary for the establishment of biofuel plants based on cropresidue in those districts where major burning took place.

xvii. All District Magistrates and Superintendent Police have beenordered by the State Government to be on vigil and takeappropriate action to stop crop residue burning.

51. It has been pointed out in substance that actions have beentaken against various incumbents. Crop Residue Management implementshave been distributed to farmers, Custom Hiring Centres and FarmMachinery Banks, where farmers can hire implements from them.

52. Direction to be issued to provide implements to small andmarginal farmers free of cost or on concessional basis and to reservecertain equipment exclusively for them.

53. The stubble is also being used in Goshalas for feeding animalsand for exclusive management of crop residue, meetings have beenconducted with the oil companies to use crop residue as biofuel. Let theState of Uttar Pradesh place on record the deliberations. The States ofPunjab, 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 thatmassive amount of plastic, rubber and other industrial waste has beenburnt in the open, which is one of the causes of pollution. In Bawana,Mundaka and Tikri, EPCA first worked with the Delhi Pollution ControlCommittee (DPCC) to issue necessary direction for closure, but directionswere not sufficient and the problem of disposal of waste continues.

55. Later on, MOU’s have been entered into between theIndustries and the Delhi MSW Solutions Limited for sending the wastefor incineration. As result of which 80,000 tonnes of plastic and other

Awaste have been sent for incineration. Around 8,000 tonnes of plasticand other waste have been removed from the Shahdara drain, however,it is the tip of an iceberg. The problem still remains the same. In Delhiand NCR, waste is piled up and then burnt. Thus, it requires urgentremedial action.

BIn re: Report No.106 by EPCA

56. In view of the report No.106 of EPCA, following aspectshave 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 andCremoved for processing/incineration.

(B)With respect to emitting Black smoke from chimneys, it beensured that industries are complying with the norms andstandards for PM, NOx, SOx. We direct Pollution ControlBoards of Delhi, Haryana, Rajasthan and Uttar Pradesh toDrigorously monitor the industrial areas especially at night andtake stringent action against the industry found non-complyingwith the emission norms or chimneys with visible smoke.

(C)With respect to dust from the construction site and propermanagement/ disposal of demolition and construction waste,Ethe Construction and Demolition Waste Management Rules,2016 have been framed. check-list for dust control at theconstruction side be issued. The appropriate penal action hasto be taken in accordance with law against the developersflouting the norms. The Government and various municipalFbodies of NCT of Delhi, Rajasthan, Haryana and Uttar Pradeshhave to take action and impose penalty on the offendersrepeating the offenses and take action against the developersand developers have to be blacklisted for flouting theConstruction and Demolition Waste Management Rules andguidelines framed thereunder.

G(D)With respect to road construction projects, let there be sprinklingof water. The Government of NCT of Delhi, Rajasthan,Haryana and Uttar Pradesh have to ensure compliance of theroad construction norms.

(E)The recycling of construction and demolition waste is presentlyAin operation and their existing and deficit requirement be alsomet by the Government of NCT of Delhi, Haryana, UttarPradesh and Rajasthan.

(F)With respect to waste burning compliance of Solid WasteManagement Rules, 2016 is necessary. The waste segregationBand management is required, what are the existing facilitiesand deficit requirements have to be met by the Government ofNCT of Delhi, Haryana, Uttar Pradesh, Rajasthan and Punjab.

(G)In the report, action taken in 2010 to 2019 to combat air pollutionhas been pointed out:

Table 1: Action taken this decde (2010-2019) to combat air pollutionin Delhi

M. C. MEHTA v. UNION OF INDIA & ORS.

ADIRECTIONS:

57. In view of aforesaid, we inter alia reiterate and/or issuefollowing directions:

(i) The decision taken by the High Level Committee constitutedby this Court be placed on record along with comprehensive action planBand the action taken thereon so far.

(ii) With respect to preventing stubble burning, let comprehensiveplan be prepared and be placed before this Court including the actiontaken. Let Crop Residuary Management be prepared, its use inter aliaas fertilizer, cattle food and bio fuel be also worked out. Let the finalCdecision be taken with respect to incentive and disincentive of Rs.100/-per quintal and the in-situ farming.

(iii) Let the Central Government, State Governments of Punjab,Haryana and U.P. prepare scheme for making available CombineHarvesters, Happy Seeders, Hydraulically Reversible MB Plough, PaddyDStraw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill andRotavators and balers especially dedicated to small and marginal farmersto be made available either free of charge or on nominal rental basis.

(iv) Let the Government of NCT of Delhi/NCR Region andconcerned Governments of Haryana and U.P. file reports with respectEto various identified hotspots and steps taken for their management andto clear the environmental hazards created by such hotspots.

(v)(a) As proposed in the reply of the Delhi Government, let theSmog Tower at Connaught Place be completed by Delhi Government asproposed in their reply affidavit. Let the Smog Tower be completedFwithin three months.

(b) Let Smog Tower be installed at Anand Vihar as pointed out byCentral Pollution Control Board (CPCB). Let Delhi Government providespace of 30 x 30 meters for installation of an experimental tower atAnand Vihar within seven days. The project to be funded by the UnionGGovernment, however, Ministry of Environment, Forest and ClimateChange is directed to monitor the project. Let project be completedwithin three months.

(vi) Let anti-smog guns be used in Delhi and NCR region for thefollowing :

(a)Large construction sites;A

(b)Road construction stretches, particularly during earthworkand compacting;

(c)Mining activities;

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

(e)Demolition activities;

(f)Sprinkling on dust-prone traffic corridors.

(g)It be made compulsory to make use of anti-smog guns inDelhi-NCR in the projects that require environmentalclearance 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. Letan appropriate policy decision be also taken with respect tocost of installation, duly considering the principle “polluterspay” evolved by this Court.

(vii) The Governments of NCT of Delhi, U.P., Haryana andRajasthan, are directed to identify the dumped waste of plastic, industrialand other wastes and to ensure that waste is not burnt and is used forprocessing/incineration and piled up waste is removed on time-boundbasis 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 nightalso and to take stringent action with respect to the industries emittingblack smoke from chimneys and it be ensured that the industries complywith the norms and standards for PM/NOx/Sox.

(ix) For construction and demolition, we direct the Governmentsof NCT of Delhi, Rajasthan, Haryana and U.P. to file status reportregarding compliance with the Construction and Demolition WasteManagement Rules, 2016. Let penal action be taken against thedevelopers 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 theaction taken on the developers for violating the norms regardingconstruction/ demolition activity and whether any developer has been

Ablacklisted. Let various local bodies and Government of NCT of Delhiand Governments of Haryana, Rajasthan and U.P. also file status reportsin this regard.

(xi) With respect to road construction, there has to be sprinklingof water. Let the Government of NCT of Delhi and Governments ofBHaryana, Rajasthan and U.P. file status report with respect tocompliance of road construction norms and details of non-compliantportion.

(xii) Let the Government of NCT of Delhi and Governments ofHaryana, Rajasthan and U.P. point out the existing facilities of recyclingof construction and demolition waste and the deficit of facilities in thisCregard.

(xiii) With respect to waste burning, compliance of Solid WasteManagement Rules, 2016 be ensured by the Government of NCT ofDelhi and Governments of Haryana, Rajasthan and U.P. Let acomprehensive plan for waste management be prepared and existingDfacilities and overall requirement be also worked out.

(xiv)(a) In the reports filed by the Chairman, EPCA indicating thedetails of his visit to New Friends Colony- Jhilmil Industrial Area, Saboliand Mandoli village -Mandoli Industrial Area, Bhopura Border, SubziMandi Sahibabad, Hindon Vihar, Ghaziabad and Sahibabad IndustrialEArea certain problems have been pointed out and several observationshave been made. We direct the concerned authorities of the area, DistrictMagistrate, Ghaziabad, to ensure that all remedial measures are takenby the concerned bodies and report be submitted as to remedial worktaken with respect to each and every observation which has been madein the report submitted by the Chairman, EPCA within one month.F

(b) With respect to Panipat, the Inspection Report contains (1)Urban Extension Road, (2) Narela Industrial Area, (3) Panipat IndustrialArea. Let the Deputy Commissioner ensure that appropriate measuresare taken with respect to observations made in the aforesaid orderswithin one month.G

(c) With respect to the visit to Meerut on October 12, 2019, variousaspects have been pointed out. Let the District Magistrate, Meerut,National Highways Authority of India (NHAI), concerned PollutionControl Board, Municipal Commissioner, Meerut Nagar Nigam andMeerut Development Authority to take appropriate measures within oneHmonth.

(d) With respect to Mundka Tikri from the visit dated October 13,2019, various observations have been made and problems have beenpointed out which are required to be attended by the concernedauthorities. We direct the concerned authorities of the areas, DistrictMagistrates, Pollution Control Boards, Deputy Commissioners ofMunicipal Corporations, to take the remedial measures and reportpointwise compliance on each and every aspect of Report No.16 ofEPCA Chairman within one month.

(e) With respect to EPCA Chairman visit at Bahadurgarh, theHaryana State Pollution Control Board (HSPCB), City Magistrate,Bahadurgarh, District Magistrate, Bahadurgarh and all concerned officialsare directed to take remedial measures and compliance be reported tothis Court within one month.

(f) In respect of the field visit of EPCA Chairman to Bhiwadi andother regions of Rajasthan, let the Government, RIICO, DistrictMagistrate, Bhiwadi consider the recommendations made in the reportand report the compliance to this Court within one month.

(g) Let the extracts of the reports with respect to aforesaid areasbe forwarded to the concerned authorities by the EPCA for promptcompliance.

(xv) With respect to oxy furnace in glass industries, let the DSTTechnical Committee consider the proposal for installation of oxy furnacein glass industries in Delhi and NCR. Let the consideration be madewithin two weeks in consultation with the sectoral expert and otherconcerned stakeholders. Relating costs and modalities be worked out.

(xvi) Let the details be worked out for chemical test methods forsmoke emission control in various industrial sectors for meeting prescribedemission norms and entire details be furnished as to their use.

(xvii) Let proper research and development be made in wirelesssensors network technology. Let the concerned officials consider furtherLiDAR (a laser based method) and Spectroscopic monitoring techniquesas considered appropriate by them. Let the use of spectroscopy to monitorambient air quality be considered by various States.

(xviii) Let the Government of NCT of Delhi work out the detailswith respect to 45% deficit capacity to lift the garbage and waste asthere is only 55% capacity available with respect to garbage and wastegenerated in Delhi. Let it work out comprehensive plan within three

Amonths to have full (100%) capacity to deal with garbage and wastesand place it before this Court, including the implements, tools, manpowerand the expenditure required in that connection.

(xix) Let the action taken be reported with respect to the vehiclesfound plying on kerosene, checks undertaken and action taken report beBplaced before this Court within month by the concerned Pollution ControlBoards.

(xx) With respect to water quality supplied in Delhi, let theconcerned Pollution Control Boards as well as the Indian Bureau ofStandards, submit report of random checking of various samples inCDelhi and submit report in this regard within one month.

(xxi) We direct the various State Governments through ChiefSecretaries to inform this Court about the measures taken by them withrespect to pouring of sewage and untreated industrial effluents in variousrivers and the plan prepared by them and arrangement of funds made bythem for the purpose of sewage treatment plants and existing facilitiesDand requirements be pointed out within eight weeks.

(xxii) Let the Government of NCT of Delhi and Governments ofPunjab, Haryana and U.P. show cause why they should not be saddledwith the compensation for failure of their machinery and the concernedauthorities in taking appropriate steps to prevent stubble burning andEother pollution being caused.

(xxiii) With respect to solving traffic congestion, let the Governmentof NCT of Delhi and Governments of Haryana, Rajasthan and U.P.work out plan so as to solve the problem of traffic congestion andcompliance of the orders passed earlier by this Court with respect toFsolving the problem of traffic congestion.

(xxiv) Let the concerned Municipal Corporations of Delhi,Government of NCT of Delhi, concerned bodies and Governments ofHaryana, Rajasthan and U.P. to take care of potholes and file reports ofaction taken within three weeks and compliance report with respect toGtheir previous directions be also filed and in case any work is left, let itbe completed within three weeks.

Ordered accordingly.

Kalpana K. Tripathy