Delhi air pollution: SC raises alarm, asks Centre to hold meet, suggests ‘lockdown’

“Some percentage of contribution is stubble burning, rest is pollution in Delhi, particularly crackers, industries, dust, etc. You tell us how to control immediately… Two days’ lockdown or something? Otherwise, how will people live,” Chief Justice N V Ramana, heading a three-judge bench, told Solicitor General Tushar Mehta while hearing a plea against air pollution.

The CJI also took exception as soon as the SG started to explain that stubble burning too was part of the problem, wondering if he was putting all the responsibility on farmers when factors like crackers and vehicular pollution too were to blame.

“Are you saying farmers are the only ones responsible? …Where is the effective mechanism to control firecrackers, vehicle pollution,” the CJI asked Mehta as the latter explained the “in-situ” and “ex-situ” steps being put in place to tackle crop burning.

The SG responded that he had just started and was coming to the other issues as well. “Not even remote intention of suggesting farmers are responsible,” he told the bench, which also comprised Justices D Y Chandrachud and Surya Kant.

Justice Chandrachud said that as far as farmers are concerned, the problem is not of enforcement, but of incentivisation. He asked why they would continue crop burning if they were to get some incentive from stopping it.

Responding to Mehta’s submission that the government was making available around 2 lakh machines through custom hiring centres in cooperative setup for crop residue management, Justice Surya Kant said the problem is that farmers cannot afford the machines. Mehta said it was being provided free of cost to marginal farmers.

The CJI said the court was not speaking of which state government was responsible, but about what can be done to control the situation immediately.

Justice Chandrachud sought to know what would be the total capital cost required for the machines and the total paddy acreage of states which are contributing to the crop burning. About the ex-situ management under which crop residue is used for producing biomass as fuel in thermal plants, he asked who collects the crop residue from the farmer. “Between the thermal power plant and farmer, who are the ones ensuring that it is removed?” Mehta replied that there are agencies tasked with doing this.

Justice Chandrachud pointed out that this time the monsoon was late. “The farmer is under compulsion to prepare the land for the next crop. Therefore, whatever mechanism you are creating, the agencies must reach out to the farmer within those many days. The monsoon was late this time. Farmers are in an anxiety to plant for the Kharif crop. So window for farmer is less,” he said and asked what action was taken by the respective governments in that window. “It’s good to have the policy. But how do you ensure that it’s applied?” he sought to know.

Justice Surya Kant pointed out that more than 70-80 per cent pollution in Delhi is due to reasons other than stubble burning and asked what had been done to deal with such emergency situations. Mehta said that one reason was dust and pointed at steps to tackle this.

Justice Chandrachud also indicated that schools had reopened and children were out on the roads in the morning. “Look at the seriousness of the problem… schools are open… Little children are out on roads at 7 in the morning,” he said.

The CJI, pointing to worsening AQI levels, said it will increase in a few days and asked the SG to take emergency steps. “You will have to look into the issue beyond the politics of governments,” remarked the CJI. Mehta repeated, “I never said farmers are responsible,” adding, “I wanted to say there are other reasons also.”

“First control Delhi. Then we will see others. Call a meeting. Take a decision. We want something to happen, so (in) 2-3 days we’re in a position to feel better. Mehta said an emergency meeting has been scheduled later in the day.

The CJI then sought to know what the Centre’s assessment of the situation was. The SG replied that the “report is we have to consider the wind direction from north-west…there has been some spurt in crop burning in the last 5 days, Delhi air remaining static…Till 18th we will have to be very very watchful to ensure we don’t go from very severe to further deterioration”.

The CJI too pointed out that “we read in news that crop burning has increased in large” and asked “why don’t you ask states of Punjab, Haryana, etc to hold stubble burning at least for a few days?” The SG pointed out that meetings had been held with the chief secretaries. “Colour of political parties do not matter. It’s a joint responsibility,” he said, adding all states were on board and were fighting their own battles to rein in the situation. “Every state is cooperating. They are on board. Today (there is) a little larger meeting to focus on emergency response,” said Mehta.

As senior advocate Rahul Mehra began submissions, Justice Surya Kanta said, “It has become a fashion to bash farmers now. In Delhi there was a ban imposed on fire crackers… What is Delhi Police doing… there are multiple steps that are to be taken immediately.”

“You have opened schools, children are exposed to pollution. Have you responded to the situation? This does not fall in the Centre’s jurisdiction. Has Delhi done something?” asked Justice Chandrachud.

Mehta added that while stubble burning can be a part of the problem, it is not the only problem. “We know the reasons and will have to deal with it without going into the heading of the reasons,” he added.

The bench adjourned the matter till November 15 directing the counsel to apprise it of the emergency measures that are to be put in place.