Supreme Court to hear pollution matter Monday

The Supreme Court on Thursday took stock of worsening pollution in the Capital by asking the Commission for Air Quality Management (CAQM) for Delhi and adjoining areas on why pre-emptive steps were not taken before the air quality slipped to “severe” category.
A bench headed by justice Abhay S Oka, which is hearing the Delhi pollution matter in MC Mehta case, agreed to take up the matter on Monday on an urgent mentioning made by senior advocate Aparajita Singh assisting the court as amicus curiae in the matter.
“Since yesterday the air quality in Delhi is in severe mode. This court had permitted the CAQM to take pre-emptive measures. Nothing has been done so far,” Singh said. On Thursday morning, the air quality index (AQI) in the Capital was 473 (in the severe-plus category) as a thick blanket of smog enveloped Delhi. This is the worst AQI recorded in the city this season.
The bench, also comprising justice Augustine George Masih, told Singh that the matter can be taken up on Monday as the court is closed on Friday.
“Why do we want to become the most polluted city in the world before some action can be taken?” Singh asked. She further informed the court that the CAQM was told about this matter as they owe an explanation about why they did not act in anticipation and enforce Stage 3 of the Graded Response Action Plan (Grap) measures before allowing the AQI to get worse. Stage 3 of Grap 3 allows CAQM to recommend online classes for primary schools and a complete ban on construction activities.
In fact, at a meeting on Wednesday evening, when the 24-hour average AQI was already 418 (“severe”), CAQM did not choose to implement Stage 3, saying that the forecast suggested the situation would improve. But Delhi woke up to even worse conditions on Thursday.
Earlier this week, the court observed that living in a pollution-free environment is a fundamental right of every citizen under Article 21 of the Constitution, and to defend this right, the court mooted the suggestion for a permanent ban on firecrackers in Delhi. The court has also pulled up Punjab and Haryana for not slapping criminal cases against farmers and prosecuting officials over the burning of paddy stubble, which is a a major contributor to pollution in Delhi in the winter months.
Last month, while hearing the MC Mehta case, the top court asked the Delhi government to indicate steps taken to control pollution from various sources in Delhi. It identified some of the key pollutants as vehicular pollution, large-scale open burning of garbage, entry of heavy trucks in Delhi, and industrial pollution.
Thirteenhot spots have been identified in Delhi where the annual average concentration of PM10 exceeds 300 micrograms per cubic metre and PM2.5 exceeds 100 micrograms per cubic metre. These include Okhla, Dwarka, Ashok Vihar, Bawana, Narela, Mundka, Punjabi Bagh, Wazirpur, Rohini, Vivek Vihar, Anand Vihar, RK Puram and Jahangir Puri. A clean action plan with regard to these hot spots was prepared by the Delhi government in 2019.
The improvement on the ground, however, has been minimal.