SC slams CAQM for failing to curb air pollution in Delhi, says it remained 'silent spectator'

New Delhi: The Supreme Court on Friday slammed the Commission for Air Quality Management (CAQM) for not taking concrete steps to curb air pollution in the national capital region (NCR) and acting only as a "silent spectator".

It felt that “the commission has not performed the way it was expected to perform”, and like the pollution, its rules are also in the air.

A bench of Justices Abhay S Oka and Augustine George Masih told CAQM chairperson Rajesh Verma, who joined the court proceedings virtually, that if the commission does not send a message to the citizens that strong and stern action will be taken in case they violate laws, then the commission's penal provisions will remain merely on paper.

Stubble burning in the neighbouring states of Haryana and Punjab before the onset of winter has reportedly caused severe air pollution in Delhi NCR. It has emerged as one of the major contributors for Delhi's poor air quality.

Taking up the matter, the court said that not a single provision of the CAQM Act is enforced and not one direction of the commission has been complied with. The apex court sought a compliance report by October 3 with details on the preparedness of the commissions, what it has done till now, and what it proposes to do immediately to curb air pollution.

The CAQM Act provides for the constitution of a commission for better coordination, research, identification, and resolution of air pollution-related problems in Delhi-NCR and adjoining regions.

"One of the important issues dealt with by the commission is the issue of stubble burning," the bench pointed out.

The bench said not a single committee was formed to tackle the stubble burning issue and there has been total non-compliance of the CAQM Act.

The commission’s chairperson said that three subcommittees were holding one meeting every three months.

"We wonder how they are performing those tasks by meeting only once in three months," the bench said.

The bench said that efforts are supposed to be made to make sure that equipment is used as a substitute for stubble burning at the grassroots level.

The court said it cannot be said that the CAQM did not take any action, but they did not perform the way they were expected to.

“The Act is in existence for more than three years now, hardly 85-87 directions issued so far by the commission, no action has been even after finding that directions have not been implemented,” the bench said.

The apex court said there are vast powers conferred on the commission, including directing closure of polluting units.

“We are of the view that though the commission has taken certain steps, the commission needs to be more active. The commission must ensure that its efforts and directions issued actually translate into reducing the problem of pollution… The commission must immediately step into action to ensure the equipment provided by the central government for avoiding stubble burning are actually used by the farmers," the bench said.

The court placed the matter for hearing on Thursday.

The CAQM chairman contended before the apex court that meetings were held with the officials and pollution board of Punjab and Haryana, and they have issued warnings to their chief secretaries.

Senior advocate Aprajita Singh, assisting the court as amicus curiae, said if their law was being violated, they have the authority to take action. "But they are being silent spectators," the bench said.

Singh said thousands of crores were offered to the farmers for equipment to help stop stubble burning in 2017.

"We thought it would help stop the stubble burning, but it has not and that is why the CAQM has come today and now some officer has to be held responsible,” she said.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said that the chairman had joined only two weeks ago.