Observing that people are not safe even inside their
house due to the “atrocious” pollution situation in Delhi-NCR,
the Supreme Court on Monday ordered an immediate and complete stop to
stubble burning by farmers in Punjab, Haryana and Uttar Pradesh blamed for 46
per cent of the pollution.
The court also noted that people in the NCR were losing “precious years of
their lives” and cannot be “left to die” due to the current
pollution situation which should not be there in a civilised country, adding it
had no sympathy for farmers indulging in burning of stubble as they are putting
lives of others at risk.
As air quality in the Delhi-National Capital Region (NCR) remained in the
‘severe’ category, the top court did some tough-talking and warned that the
administration at large will be made accountable even if there is a single
incident of stubble burning henceforth. It issued a slew of directions that
also included stopping all construction and demolition activities as well as
garbage and waste burning in Delhi-NCR till further orders.
“No room is safe to live in Delhi. People are not safe even inside their
house. It is atrocious,” the court said.
The bench also questioned the Delhi government over its much-publicised
odd-even vehicle scheme, which kicked off Monday, and directed it to place the
data of pollution levels of previous periods when the scheme was put in place
to curb air pollution.
Separately, the National Green Tribunal(NGT) took cognisance of the
deteriorating air quality in the NCR and asked officials from the Delhi
government, Central Pollution Control Board, Delhi Pollution Control Committee
and Ministry of Environment and Forests to appear before it on Tuesday.
Delhi-NCR has been engulfed in a thick blanket of smog since
the festival of Diwali on October 27.
On Sunday, the national capital’s average air quality index (AQI) stood at 494,
the highest since November 6, 2016 when it was 497.
On Monday, the AQI at 4 pm in Delhi read 416, which is still in the ‘severe’
category, according to the Central Pollution Control Board (CPCB).
Anguished over the rampant instances of stubble burning in Punjab, Haryana and
western Uttar Pradesh, the apex court summoned their chief secretaries on
November 6, saying the time has come to “fix accountability” for this
kind of situation which violates the right to life of citizens.
The court directed the Centre and the states concerned to prepare a roadmap within
three weeks to prevent a situation in future like the one that is currently
prevailing in the region due to toxic air quality.
A bench of Justices Arun Mishra and Deepak Gupta directed the chief secretaries
of the three states as well as the district collectors and the police machinery
to ensure that not even a single instance of stubble burning takes place there
henceforth.
Punjab Chief Minister Amarinder Singh reiterated that the Centre should give
financial assistance to farmers to wean them away from the practice of stubble
burning.
“The ball is in the Centre’s court and it should take concrete decisions
to resolve the problem,” Singh told reporters in Chandigarh.
Senior advocate Aparajita Singh, assisting the top court as an amicus curiae in
the pollution matter, told the bench that as per the recent affidavit filed by
the Centre, stubble burning contributes to around 46 per cent pollution in
Delhi-NCR.
The top court said Rs 1 lakh penalty will be imposed for construction or
demolition activities in Delhi-NCR and the offenders involved in garbage or
waste burning would be penalised by Rs 5,000.
Regarding pollution due to dust on roads, the bench directed that water be
sprinkled on roads having more dust and traffic plan be prepared so as to tackle
the issue of pollution due to traffic congestion.
The bench observed that it is shocking that every year, Delhi-NCR is choking
due to severe pollution and “we are not able to do anything”.
“It cannot be done in a civilised country,” the bench said, adding,
“If people do not respect rights of others, then they also have no rights.
Right to life is the most important right”.
“The air quality index (AQI) level in bedrooms is above 500-600. This is
the figure in Lutyens Delhi. Can we survive in this? This is not the way we can
survive. People are losing precious years of their life in Delhi due to
this,” it said.
During the hearing, the bench asked as to why there should be unabated stubble
burning year after year in the three states and though a lot of hue and cry has
been made over it, they have not done anything to tackle the problem.
“You are asking people to die. Your states (Punjab and Haryana) are also
badly affected. Is this the administration left in Punjab and Haryana? Every
year this is happening. We will fasten the liability of states and panchayats
also,” the bench said.
“People are being advised not to come to Delhi. Who is responsible for
this? The state governments are responsible. They are only interested in
electioneering. They do not take any responsibility. We will not tolerate
this,” it said.
The bench said in case of violation of its directions regarding steps to curb
stubble burning, it would haul up the entire administration, right from the
chief secretary to the Gram Panchayat and ‘Sarpanch’ level, and they all would
be held responsible.
It also asked governments of the three states to explain as to why they should
not be asked to pay compensation for the damage caused as they have
“totally failed” to prevent stubble burning in their respective
areas.
The top court also directed authorities to ensure there is no power cut in
Delhi-NCR so that generators are not used except in emergency essential
services.
Source: PTI