NEW DELHI: At a time when authorities are cautious of taking motion in opposition to these burning crop residue previous to Haryana elections, the start of stubble burning in Punjab-Haryana that fouls winter air in Delhi and NCR made the Supreme Court docket on Friday rap the Fee of Air High quality Administration (CAQM) for inaction and ask why no penal motion is taken to cease farm fires.
A bench of Justices A S Oka and A G Masih mentioned although the CAQM Act was enacted vesting the fee with huge powers, no tangible outcomes have been achieved on the bottom because the air pollution degree confirmed no indicators of enchancment yearly through the winter.”There was complete non-compliance of the Act. Please present us a single path issued to any stakeholder below the Act,” the bench mentioned.
Extra solicitor normal Aishwarya Bhati, showing for the Centre, knowledgeable the court docket in regards to the steps taken, similar to issuing advisories and tips, to regulate stubble burning. Nonetheless, the highest court docket remarked, “It’s all within the air, nothing has been proven concerning what has been accomplished within the Nationwide Capital Area (NCR) states.”
“We’re of the view that although the Fee has taken steps, it must be extra lively. It should be certain that its efforts and instructions issued translate into decreasing the issue of air pollution.”
Agreeing with amicus curiae and senior advocate Aparajita Singh that CAQM has not functioned as per the mandate of the regulation and that accountability must be fastened on officers liable for implementation of the Act, the bench mentioned if penal motion is just not taken as per Part 14 of the CAQM Act, prohibitory orders in opposition to farm fires would stay solely on paper.
It requested the fee to file a greater affidavit detailing steps taken to cease stubble burning by Thursday, the subsequent date of listening to. Bhati mentioned that Centre helps the state govt in each doable method, together with provide of equipment, to steer farmers to not burn the crop residue. The bench requested the Centre to test whether or not the equipment has been utilized by farmers.
When the bench repeatedly requested what concrete motion was taken in opposition to those that take pleasure in stubble burning, Bhati mentioned even part 14 of the CAQM Act which punishes those that flout fee’s order with imprisonment as much as 5 years, fully exempts farmers. “Authorities need to do hand-holding and persuade the farmers to not resort to stubble burning,” she mentioned.
The proviso to Part 14 of the Act says, “Provisions of this part shall not apply to any farmer for inflicting air air pollution by stubble burning or mismanagement of agricultural residue.”
Actually, a bench of Justices S Ok Kaul and S Dhulia had on Nov 7 final 12 months ordered authorities to forthwith cease farmers from stubble burning and made native police below the general supervision of the DGP and chief secretary liable for stopping crop residue burning. Nonetheless, farm fires continued by way of many of the month with farmers refusing to bow to persuasion or menace of coercive motion.
Justices Oka and Masih accepted amicus curiae’s ideas that central air pollution management board and all different our bodies regulating air air pollution in NCR be directed to tag the CAQM with the implementing authority involved whereas responding to complaints on social media web page to assist higher monitoring of air pollution scorching spots and taking of pressing remedial measures. CAQM in its affidavit knowledgeable the SC that “owing to systematic planning and concerted actions for implementation of motion plans framed on a year-to-year foundation”, there was a big discount in farm fireplace incidents. It mentioned between 2021 and 2023, farm fireplace incidents in Punjab went down from 71,304 to 36,663; In Haryana from 6,987 to 2,303; and NCR, UP and Rajasthan from 78,550 to 39,186.
