# M. C. MEHTA v. UNION OF INDIA & ORS

- **Citation:** [2020] 2 S.C.R. 500
- **Court:** Supreme Court of India
- **Decided:** 2020-01-13
- **Case number:** I. A. Nos. 158128 and 158129 of 2019
- **Bench:** Arun Mishra, Deepak Gupta
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/m-c-mehta-v-union-of-india-ors-34347
- **Pages:** 53

## Headnote

Environmental Law:
Pollution - In hot spots in Delhi and NCR Regions - Supreme
Court while deciding earlier Interlocutory Applications, directed
Ministry of Environment, forest and Climate Change, Government
of India to submit status report - Report No. 106 filed by
Environmental Pollution (Prevention and Control) Authority (EPCA)
- In order dated 4.11.2019, the Court noted that there is blatant
violation of Article 21 of the Constitution, by serious kind of pollution
by stubble burning, construction and demolition activities, open
dumping of waste/garbage, unpaved roads/ pits, road dust, garbage
burning and traffic congestion - Various hot-spots in Delhi and
NCR regions were identified - The Court issued directions to the
States of Rajasthan, Punjab, Haryana and NCT of Delhi and to
Panchayats and concerned administrative Authorities to prevent
stubble burning - The Court also restrained demolition and
construction activities for the time being - Directions were issued
to be taken care of by EPCA - By order dated 29.1.2018 the Court
directed constitution of High Level Task Force - The Court further
directed Central Government to work in collaboration and
consultation with various State Governments to stop the problem of
stubble burning - The problem of garbage disposal and waste
management was also addressed by the Court - The Court by order
dated 13.11.2019 directed the Central Government and Government
of NCT of Delhi to consider installation of smog towers - The Court
by order dated 25.11.2019 directed to use new technology for
controlling the pollution - Ministry of Environment, forest and
 [2020] 2 S.C.R. 500
500
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Climatic Change filed Status Report regarding Smog Towers, Anti
Smog Guns, Oxy Furnace, Nano technology, Chemical Methods,
Monitoring Technologies (i.e. Wireless Sensor Networks, Laser
Methods and Spectroscopic Monitoring Techniques) - The States
of Punjab, Haryana and Uttar Pradesh filed affidavits regarding
the steps taken by them to control the pollution - Directions issued:
To place on record the decision taken by High Level Committee -
To prepare comprehensive plan to prevent stubble burning - States
and Central Government to prepare a scheme for making available
implement to small and marginal farmers - Governments of NCT of
Delhi, haryana and Uttar Pradesh to file reports with respect to
various identified hot-spots and steps taken to clear the
environmental hazards created by such hotspots - To complete
installation of smog tower at Cannaught Place and to install smog
tower at Anand Vihar - To use Anti-smog Guns in Delhi and NCR
region - States of NCT of Delhi, Uttar Pradesh, Haryana and
Rajasthan to identify dumped waste of plastic, industrial and other
wastes and ensure its removal on time bound basis - Pollution
Control Board to monitor industries to ensure that they comply with
the norms and standards of PM/NOx/SOx - States concerned to
take penal action against developers for flouting norms regarding
construction/ demolition and to file status report regarding the same
and also regarding compliance of road construction norms - The
concerned States to make comprehensive plan for waste management
- In the areas where problems have been pointed out by EPCA, the
Authorities concerned, of those areas to ensure that remedial
measures are taken - DST to consider proposal for installation of
oxy furnace in glass industries - To work out for 'Chemical Test
Methods' and 'Wireless Sensors network Technology' - Government
of NCT of Delhi to make comprehensive plan to have full capacity
to deal with garbage and wastes - Pollution control Board to place
before Court the action taken to check vehicles plying on kerosene
- Pollution Control Board also to submit report regarding water
quality supplied in Delhi - Various State Governments directed to
inform the Court about the measures taken in respect of pouring of
sevage and untreated industrial effluents in various rivers -
Governments of NCT

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SUPREME COURT REPORTS
[2020] 2 S.C.R.
M. C. MEHTA
v.
UNION OF INDIA & ORS.
(IA Nos. 158128 and 158129 of 2019)
In
(Writ Petition (C) No. 13029 of 1985)
JANUARY 13, 2020
[ARUN MISHRA AND DEEPAK GUPTA, JJ.]
Environmental Law:
Pollution - In hot spots in Delhi and NCR Regions - Supreme
Court while deciding earlier Interlocutory Applications, directed
Ministry of Environment, forest and Climate Change, Government
of India to submit status report - Report No. 106 filed by
Environmental Pollution (Prevention and Control) Authority (EPCA)
- In order dated 4.11.2019, the Court noted that there is blatant
violation of Article 21 of the Constitution, by serious kind of pollution
by stubble burning, construction and demolition activities, open
dumping of waste/garbage, unpaved roads/ pits, road dust, garbage
burning and traffic congestion - Various hot-spots in Delhi and
NCR regions were identified - The Court issued directions to the
States of Rajasthan, Punjab, Haryana and NCT of Delhi and to
Panchayats and concerned administrative Authorities to prevent
stubble burning - The Court also restrained demolition and
construction activities for the time being - Directions were issued
to be taken care of by EPCA - By order dated 29.1.2018 the Court
directed constitution of High Level Task Force - The Court further
directed Central Government to work in collaboration and
consultation with various State Governments to stop the problem of
stubble burning - The problem of garbage disposal and waste
management was also addressed by the Court - The Court by order
dated 13.11.2019 directed the Central Government and Government
of NCT of Delhi to consider installation of smog towers - The Court
by order dated 25.11.2019 directed to use new technology for
controlling the pollution - Ministry of Environment, forest and
 [2020] 2 S.C.R. 500
500
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Climatic Change filed Status Report regarding Smog Towers, Anti
Smog Guns, Oxy Furnace, Nano technology, Chemical Methods,
Monitoring Technologies (i.e. Wireless Sensor Networks, Laser
Methods and Spectroscopic Monitoring Techniques) - The States
of Punjab, Haryana and Uttar Pradesh filed affidavits regarding
the steps taken by them to control the pollution - Directions issued:
To place on record the decision taken by High Level Committee -
To prepare comprehensive plan to prevent stubble burning - States
and Central Government to prepare a scheme for making available
implement to small and marginal farmers - Governments of NCT of
Delhi, haryana and Uttar Pradesh to file reports with respect to
various identified hot-spots and steps taken to clear the
environmental hazards created by such hotspots - To complete
installation of smog tower at Cannaught Place and to install smog
tower at Anand Vihar - To use Anti-smog Guns in Delhi and NCR
region - States of NCT of Delhi, Uttar Pradesh, Haryana and
Rajasthan to identify dumped waste of plastic, industrial and other
wastes and ensure its removal on time bound basis - Pollution
Control Board to monitor industries to ensure that they comply with
the norms and standards of PM/NOx/SOx - States concerned to
take penal action against developers for flouting norms regarding
construction/ demolition and to file status report regarding the same
and also regarding compliance of road construction norms - The
concerned States to make comprehensive plan for waste management
- In the areas where problems have been pointed out by EPCA, the
Authorities concerned, of those areas to ensure that remedial
measures are taken - DST to consider proposal for installation of
oxy furnace in glass industries - To work out for 'Chemical Test
Methods' and 'Wireless Sensors network Technology' - Government
of NCT of Delhi to make comprehensive plan to have full capacity
to deal with garbage and wastes - Pollution control Board to place
before Court the action taken to check vehicles plying on kerosene
- Pollution Control Board also to submit report regarding water
quality supplied in Delhi - Various State Governments directed to
inform the Court about the measures taken in respect of pouring of
sevage and untreated industrial effluents in various rivers -
Governments of NCT of Delhi, Haryana, Punjab and U.P. to show
cause as to why they should not be saddled with compensation for
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failure to prevent stubble burning and other pollutions - The States
concerned also to make plan to solve the problem of traffic
congestion.
CIVIL ORIGINAL JURISDICTION : I. A. Nos. 158128 and
158129 of 2019 in Writ Petition (Civil) No. 13029 of 1985.
(Under Article 32 of the Constitution of India]
Harish N. Salve, Ms. Aparajita Singh, Sr. Advs., A.D.N. Rao,
Siddhartha Chowdhury, Advs. (A.Cs.), A.N.S. Nadkarni, Ms. Pinky
Anand, ASGs, Ms. Aishwarya Bhati, Siddharth Dave, P. S. Narasimha,
Ms. Anitha Shenoy, Gopal Jain, Abhishek Manu Singhvi, Gopal
Shankarnarayan, Sr. Advs., D. L. Chidananda, Rajesh K. Singh,
Ms. Suhasini Sen, S. S. Rebello, Vijay Prakash, G.S. Makker, Mrs. Anil
Katiyar, Sanjay Kr. Visen, Rajeev Kumar Dubey, Kamlendra Mishra,
Nithin P., Vijay Panjwani, Ms. Ruchi Kohli, Vibhu Shankar Mishra,
Ms. Snidha Mehra, B.V. Balramdas, Chirag M. Shroff, Ms. Riya Thomas,
Ms. Yashika Verma, Devendra Kumar Singh, Rajesh Katyal, Baldev
Attrey, Karunakar Mahalik, Ajay Bansal, Praveen Swarup, Lokendra
Kumar, Gaurava Yadava, Ms. Archana Sharma, M/s. S. Narain And
Co., Ms. Uttara Babbar, Ms. Bhavana Duhoon, Manan Bansal,
Ms. Sindoora VNL, Rahul, G. Tanwani, Ms. Aditi Tripathi, Ms. Kanti,
Ms. Srishti Agnihotri, Ms. Sharon Mathew, Sumit Gupta, Ms. Madhu
Smita, Ms. Astha Tyagi, Rohit K. Singh, S.K. Bhattcharya, Bimal Roy
Jad, Saurav Agrawal, Anshuman Chowdhary, Vibhu Anshuman, Sanjeet
Singh, Ms. Gayatri Varma, Anish Sethi, Surjeet Singh, Ms. Sneha Z.
Masan, Senthil Jagadeesan, Shrutanjaya Bhadwaj, Ms. Divya Roy, R.D.
Upadhyay, Ajit Pudussery, Ms. Palak Mishra, Prashant Bez Boruah,
Munawar Naseem, Ms. Bina Gupta, Gaurav Juneja, Dibranshu, Aayush
Jain, Sanjeev K. Kapoor, M/s. Khaitan And Co., Advs. for the appearing
parties.
Petitioner-in-Person
The following Order of the Court was passed:
O R D E R
1. The matter pertains to the environment pollution with which
we are faced with today. Not only the air pollution is being caused
unabettingly, but we are also faced with the pollution of rivers in the
country. With respect to the pollution been caused in Delhi and NCR,
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this Court while considering IA No.127792 of 2017 has passed various
orders and disposed of the application dated 29.1.2018 and while taking
up the matter relating to the aforesaid Interlocutory Application on
14.10.2019 required the Ministry of Environment, Forest and Climate
Change, Government of India to submit its response along with a status
report. The matter was thereafter listed on 4.11.2019. Report No.106
was filed by EPCA with respect to pollution in hot spots in Delhi and
NCR regions. Following order was passed by this Court on 4.11.2019:
"We have heard Mr. Bhurelal, who has pointed out about
irrigation.
 We have also heard some experts from the Ministry and the
IIT and learned senior counsel for the parties and Amicus Curiae.
Today everyone is concerned about level of pollution in Delhi
and NCR region. This is not something new, every year this kind
of piquant situation arises for a substantial period. It is compounded
by the fact that year to year in spite of various directions issued
by High Court, other authorities including this Court the State
Governments, Government of NCT of Delhi and the corporations
of Delhi and nearby States are not performing their duties as
enjoined upon them. This is a shocking state of affairs in which
we are put as on today. This is blatant and grave violation of right
to life of the sizeable population by all these actions and the
scientific data which has been pointed out indicates that life span
of the people is being reduced by this kind of pollution which is
being created and that people are being advised not to come back
to Delhi or to leave the Delhi due to severe pollution condition
which has been created. There cannot be large scale exodus.
People have to perform their duty in Delhi also and people cannot
be evacuated from Delhi being a capital city. We are at a loss to
understand why we are not able to create a situation in which this
kind of pollution does not take place, that too in a routine manner
every year. Obviously, it is writ large that the State Governments,
Government of NCT of Delhi and civic bodies have miserably
failed to discharge their liability as per the directive principles of
State Policy which have found statutory expression, they are being
made statutory mockery and also the directions of this Court and
High Courts in this regard are being violated with impunity.
M. C. MEHTA v. UNION OF INDIA & ORS.
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Time has come when we have to fix the accountability for this
kind of situation which has arisen and is destroying Right to Life
itself in gross violation of Article 21 of the Constitution of India.
No farmer can be said to be having a right under the guise that he
is not having sufficient time to use the stubble for the purpose of
manure, since they have less time between two crops, cutting and
sowing of next crop. As such, they cannot by burning it in their
fields, put life of sizeable population in jeopardy.
It is apparent from the satellite images which have been
produced before us for the period 30.10.2019 to 04.11.2019. The
satellite image clearly indicates that in Punjab there is widespread
stubble burning which has taken place as compared to Haryana,
in which only in four districts it has taken place. There is some
burning in Western U.P. also. It could not have taken place even
in a singular district or gram panchayat area as we live in a civilized
country in which such kind of activities which create such menacing
pollution not only in the area concerned but to the neighboring
States also, by ill-effects of that people cannot be left to die or to
suffer various ailments.
Everybody has to be answerable including the top state
machinery percolating down to the level of gram panchayat. The
very purpose of giving administration power up to the panchayat
level is that there has to be proper administration and there is no
room for such activities. The action is clearly tortuous one and is
clearly punishable under statutory provisions, besides the violation
of the Court's order. In the circumstances, as widespread stubble
burning has taken place, we direct the States of Punjab and
Haryana and adjoining State of Uttar Pradesh where there is
blatant violation which has taken place, to halt it. We direct the
Chief Secretaries of the States of Punjab, Haryana and Uttar
Pradesh to be present in this Court on 06.11.2019 including Chief
Secretary of Government of NCT of Delhi.
We direct the Chief Secretaries of the State Governments,
District Collectors, Tehsildars, Director General, IG/SP and other
police officers of the area of concerned police station and the
entire police machinery to ensure that not even a single incident
takes place of stubble burning henceforth. If it is found that any
stubble burning has been made not only that person doing it will
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be hauled up for the violation of the order passed by this Court but
the entire administration, right from the Chief Secretary,
Commissioner, Collector and all other concerned functionaries and
Panchayats. Gram Pradhan/Sarpanch Panchayat are also directed
to ensure that no such stubble burning takes place.
Let the State Governments of Punjab, Haryana and Uttar
Pradesh and officials also explain that why they should not be
asked to pay the compensation for tortious liability as they have
acquiesced and due to their failure in preventing stubble burning
which is in utter violation of the Public Trust doctrine, why they
should not be held liable to compensate, and also the incumbents
who are burning the stubble in spite of clear restrictions imposed
by this Court and statutory prohibition.
We also direct the Sarpanch of each and every Panchayat and
SHO of the concerned area to prepare inventory of the incumbents
who have burnt the stubbles in their fields. We also direct the
Sarpanch, Gram Panchayat as well as the concerned police of
the area and local administration including the Collector and all
subordinate authorities to ensure that no further stubble burning
takes place. In case, any stubble burning takes place responsible
machinery from top to bottom and Sarpanch, Gram Panchayat
shall be liable for tortuous act and for not complying with the
order passed by this Court and let the Gram Panchayat also advise
forthwith the villagers not to involve in stubble burning any more
and take appropriate action.
We also direct the State Governments, Central Government
as well as the Government of NCT of Delhi to take immediate
steps to take care of the emergent situation due to air pollution
which has taken place. No doubt about it that everybody knows
the situation, let the steps be taken forthwith with the help of the
experts. We direct the Government of NCT of Delhi as well as
various corporations to work in tandem and to see that waste and
garbage which is contributing to air pollution is tackled at war
level. The efforts should be made right from today without any
loss of time.
Let the EPCA consider as it was suggested by Ms. Aprajita
Singh, learned senior counsel and the learned Amicus Curiae that
diesel vehicle should not enter the Delhi. Let the EPCA
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immediately take the steps in this regard as may be considered
appropriate as it has the power to do the needful taking care of
the emergent situation.
With respect to demolition and construction activities we direct
that no demolition and construction activities take place in Delhi
and NCR region. In case it is found that such activity is done, the
local administration as well as the municipal authorities including
the Zonal Commissioners, Deputy Zonal Commissioners shall be
personally held responsible for all such activities. They have to
act in furtherance of the Court's order and to ensure that no such
activity takes place.
We are informed that use of coal based industries have been
stopped. In case any violation of this is found the concerned person
including Zonal Deputy Commissioner would be liable for violation
of the order of this Court and liable to be punished for contempt
of Court.
It was also pointed out by Mr. Sanjiv Sen, learned senior
counsel, that during odd/even scheme in Delhi more use of two
wheelers and three wheelers has taken place and they are being
plied more causing equal pollution, as such no useful purpose is
being served by stopping the use of certain vehicles only on the
basis of odd and even numbers. He has also pointed out that it
would be appropriate to stop the use of diesel vehicle, in case it is
necessitated as the diesel vehicles cause more pollution as
compared to petrol and CNG vehicles. Let the Government of
NCT of Delhi explain this aspect and file the data in this regard in
the Court on the basis of the previous experience and whether if
three wheelers and taxies are plying more on road during such
restriction and relevant data be placed.
During Odd/Even Scheme what is the difference being caused
by stopping use of four wheelers when various other contributory
factors are not taken care of by Government of NCT of Delhi.
An affidavit has been filed by the Ministry of Environment and
Forest, in which in paragraph 10 following facts have been
mentioned. Air quality, winter inspections 2019-20 status till
31.10.2019 is extracted hereunder:-
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"AIR QUALITY WINTER INSPECTIONS' (20192020) STATUS - till 31.10.19
Total complaints lodged : 1646
Total inspections - 249
Major Sources reported
M. C. MEHTA v. UNION OF INDIA & ORS.
C &D
Open Dumping of
waste / garbage
Unpaved
Road/ Pit
Road Dust
Garbage
Burning
Traffic
Congestion
496
407
201
154
126
81
Source
Delhi
NCR
C&D
 New Delhi District
(10.3%)
 East district (9.8%)
 West district (8.2%)

Noida (12%)

Faridabad (11.7%)

Gurugram
(South)
(10.9%)

Ghaziabad (8.5%)
Open dumping of
waste/garbage
 New Delhi District
(17.44%)
 East district
(14.98%)
 South district (7.8%)

Noida (9.58%)

Faridabad (8.84%)

Gurugram
(South)
(6.14%)

Ghaziabad (5.4%)
Unpaved Road/ Pit
 South West
(10.59%)
 East & south district
(9.67%)
 North West district
(7.37%)

Ghaziabad (12.44%)

Faridabad (9.21%)

Noida (8.75%)
Road Dust
 East District (22.72
%)
 North West district
(7.14%)
 North district (5.8%)

Ghaziabad (16.23%)

Meerut (11.6%)

Noida (8.44%)

Sonipat (5.84%)
Garbage Burning
 North west District
(13.5%)
 North district
(10.3%)
 North East district
(9.5%)

Gurugram
(South)
(15.1 %)

Noida (12.7%)

Faridabad (9.5 %)
Traffic Congestion
 North District
(23.5%)
 East district (13.6%)
 Central district
(11.1%)

Ghaziabad (4.9%)

Noida (3.7%)
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Major polluting activities defined in identified hotspot regions :
1. Jahangirpuri
•
Open dumping of garbage & C&D
•
Traffic congestion
2. Rohini
•
Road dust
•
Open dumping of garbage
3. Bawana
•
C&D & Unpaved roads
•
Open dumping of garbage & road dust
4. Ashok Vihar
•
Open dumping of garbage & C&D
•
Road dust
5. Wazirpur
•
Open dumping of garbage
•
C&D
6. Vivek Vihar
•
Traffic congestion
•
C&D
•
Open dumping of garbage & road dust
7. Anand Vihar
•
C&D
8. Punjabi Bagh
•
C&D
9. Mundka
•
Unpaved roads
•
C&D and industrial waste dumping
10. Narela
•
Industrial waste - dumping & burning
•
Garbage - dumping & burning
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11. Okhla
•
Open dumping of garbage
•
Open dumping of industrial waste and C&D
12. Dwarka
•
C&D
•
Unpaved road
13. Mayapuri
•
Unpaved road
•
Road dust
14. Sahibabad
•
Unpaved road
•
Road dust
•
Open waste dumping
•
C&D
15. Udyog Vihar
•
Open dumping of garbage
•
Unpaved roads
16. Faridabad
•
C&D
•
Open dumping of garbage
•
Unpaved roads
•
Open burning
•
Industrial waste dumping
As per the Air Quality Inspection Construction and demolition
activities in Delhi/NCR region causing damage in NOIDA,
Faridabad, Gurugram, Ghaziabad as well as instances of Delhi
have also been mentioned.
1. Construction and demolition
2. There is open dumping of waste/garbage.
3. Unpaved road/pit.
4. Road dust.
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5. Garbage burning.
6. Traffic congestion.
We direct that construction, demolition and activities be stopped
forthwith as well as garbage burning. In case, any person is found
in construction and demolition activity and garbage burning in Delhi
and NCR region, he/she shall be penalized. Any person is doing
construction and demolition activity in violation of this order, shall
be penalized with Rs.1 Lac for such activity. For garbage burning
he/she shall be penalized with Rs.5,000/- and besides liable for
violation of the order passed by this Court to be dealt with in
accordance with law.
With respect to open dumping of waste and garbage, we direct
the Government of NCT of Delhi as well as the concerned
Municipal Corporation to chalk out immediate plan and to ensure
that waste and garbage to be removed to safe places forthwith
and also to ensure that no open dumping takes place. We direct
Zonal Deputy Commissioner to be responsible with other officers
in this regard. Let road-maps be prepared so as to provide proper
amenities in order to prevent open dumping of waste and garbage,
and be placed before this Court within four weeks.
For taking care of the road dust let water sprinklers/dust
suppressors be used on the roads. An IIT expert suggested about
the appropriate water pressure for the sprinklers. At what pressure
water should be sprinkled so as to reduce the pollution and dust so
that it does not add to the pollution. Let the Corporations act on
advice of the expert of the IIT. Such roads where traffic congestion
is more, let traffic plan be also prepared in such a manner so that
there is no extra burden on a particular road so that traffic
congestion is taken care of. It is for the concerned traffic authorities
to take immediate steps in this regard.
Since we are fixing the liability on the person responsible for
inaction at the village level as well as three States in the NCR
regions as well as Delhi, let the widest publicity by all means of
publication i.e. Television, Media, newspapers, Radio be made. In
Gram Panchayats by beat of drums also and other modes to ensure
that villagers are made aware of their responsibility and liability
towards the other humans so that they do not involve in such acts.
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Let the Gram Panchayat, police station, district and taluk levels
by the concerned administration take steps in this regard. Let the
State Governments also take the requisite steps to extinguish the
stubbles which are burning and for that let State Level High Level
Committee meet forthwith and take appropriate decision and
implement it. Steps taken be informed to this Court on 06.11.2019
by the concerned Chief Secretaries of the three States and
Government of NCT of Delhi.
Let the concerned authorities of EPCA meet forthwith and
take a call in this regard with respect to industrial activities which
are causing pollution how to control it. We also direct all pollution
control Boards of three States and Government of NCT of Delhi
that polluting industries/activities against norms are put to halt
forthwith.
It was also submitted by M/s. Sanjiv Sen and Gopal
Sankaranarayanan, learned senior counsel that in certain States
generators are also being used which increase pollution mainly
due to cut off of the electricity supply. Generators in Delhi also
add to pollution in Delhi as well as in NCR region. Let the State
Governments and Government of NCT of Delhi ensure that
electricity is not cut so that generators are not used and let no
generators be used till next date of hearing except in emergency/
healthcare services.
Let the State Governments, NCT of Delhi and also the
Government of India prepare a road map for preventing this kind
of situation in future and be placed before this Court, within three
weeks. Let the Action Taken Report be submitted within four
weeks.
Directions/order to be effective unless otherwise ordered.
List on 06.11.2019 at 3.30 P.M."
2. It was noted by this Court that there is a blatant violation of
Article 21 of the Constitution i.e., Right to Life by the serious kind of
pollution which is being caused by various factors including stubble
burning. The stubble burning in the month of October/November
comprises approximately 40% of the pollution, but for the remaining
period, stubble burning is not the cause of pollution in Delhi and NCR
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region. It was noted by this Court that various other factors which were
responsible for causing pollution are as under:
1.
Construction and demolition activities.
2.
Open dumping of waste/ garbage.
3.
Unpaved roads/ pits.
4.
Road dust.
5.
Garbage burning.
6.
Traffic congestion.
3. Various hot-spots in Delhi and NCR regions were identified as
noted in the report. This Court has noted the problem of farmers in
stubble burning as short gap between two crops due to which agriculturists
indulge in stubble burning. We have seen the satellite images of Punjab
where stubble burning was more as compared to Haryana and Western
Uttar Pradesh from the records of the previous years.
4. We have observed that the entire machinery involved in the
administration has to be held responsible for such a tortious act.
Particularly, in view of the fact that this problem is not new and is continuing
since long, and the authorities have not been able to find a solution,
every year, hue and cry is raised. The same reflects badly on the
administration, its lethargy is writ large by not taking appropriate action
timely and preparing a scheme for its prevention.
5. In the circumstances, we have issued directions to the Chief
Secretaries of the States of Rajasthan, Haryana, Punjab, and NCT of
Delhi. This Court has also issued directions to all the authorities including
panchayats and concerned administrative authorities to ensure that stubble
burning does not take place. Other directions were also issued to be
taken care of by the Environmental Pollution (Prevention and Control)
Authority (EPCA). Considering the precarious situation, we also
restrained demolition and construction activities for the time being and
directed the Municipal Authorities, Zonal Commissioners and Deputy
Zonal Commissioners to take care of the situation.
6. Some learned counsels have pointed out the fallacy of the oddeven scheme also as this was applied to the cars which are contributing
to three percent of the pollution and also 28% caused by the vehicular
pollution and then approximately 50% cars operate in Delhi even on
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those days having odd or even numbers. Thus, it was pointed out that it
was not the solution. We have called for certain data in this regard also.
7. The matter was taken on 6.11.2019 by this Court. We have
heard the Chief Secretaries of various States, including the Attorney
General and passed the following order:
"Heard Sh. K. K. Venugopal, learned Attorney General for
India, Sh. Tushar Mehta, learned Solicitor General of India, Mr.
A.N.S. Nadkarni, learned Additional Solicitor General, Mr. P.S.
Narasimha, learned senior counsel.
We have also heard the Chief Secretaries to the States of
Punjab, Haryana, Uttar Pradesh and Govt. Of NCT of Delhi in
extensive detail, who have appeared today pursuant to our order
dated 04.11.2019. We have also heard Mr. Charanpal Singh Bagri,
learned counsel appearing for the farmers. We have heard Mr.
Bhure Lal as well.
We find that in advance, no serious groundwork was made by
the concerned States where the stubble burning is taking place.
This Court passed an order on 29.01.2018. The comments and
recommendations made by EPCA on the report of the SubCommittee of the High Level Task Force on prevention of stubble
burning in Punjab, Haryana and Western Uttar Pradesh was
considered by this court. This Court directed the High Level Task
Force to adhere to the timelines decided upon by itself and to
ensure full compliance by all concerned. This Court also directed
the Union of India to give publicity to the Report of the High
Level Task Force so that the people are aware of the action been
taken. Publicity can be given through print and electronic media
as well. Thus, in the pious hope that stubble burning and its impact
on the environment shall be taken care of, this Court disposed of
the application.
The Report of the Sub-Committee of the High Level Task Force
on stubble burning in Punjab, Haryana and Western Uttar Pradesh
has been placed on record, in which a suggestion was made to
offer Rs. 100/- per quintal as incentive and disincentive both.
The Chief Secretary to the States of Punjab has placed on
record the action plan for control of burning of the crop in the
State of Punjab dated 01.10.2019. However, the same does not
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contain the proposal to pay Rs. 100/-. The steps taken by the
State of Punjab, pursuant to the order passed by this Court on
04.11.2019 have been placed on record by the Chief Secretary,
which we take on record, in which a suggestion has been made to
offer financial support in the form of operational cost of crop
residue management equipment to play a positive role to achieve
zero stubble burning. It has been proposed that the amount of Rs.
100/- per quintal would come to Rs. 2000-2500/- per acre. It was
also stated that there is a crop of approximately 24 quintals per
acre.
Be that as it may, we direct, in the facts and circumstances of
the case, to take care of the stubble, which has not been burnt by
the small and marginal farmers in the States of Punjab, Haryana,
and Western Uttar Pradesh and to provide them financial support,
quantified amount at Rs. 100/- per quintal of Non-Basmati Paddy,
shall be given to those farmers within seven days from today by
the State Governments to those who have not burnt the stubble.
The Central Government has provided the Scheme of
Promotion of Agricultural Mechanization in the States of Punjab,
Haryana, Uttar Pradesh and NCT of Delhi for the period of 201819 and 2019-20 with a total outlay of Rs.1151.80 Crores for insitu Crop Residue Management such as Super Straw Management
System for Combine Harvesters, Happy Seeders, Hydraulically
Reversible MB Plough, Paddy Straw Chopper, Mulcher, Rotary
Slasher, Zero Till Seed Drill and Rotavators are promoted with
50% subsidy to the individual farmers and 80% subsidy for
establishment of Custom Hiring Centres of these machines. The
Central Government has disbursed its 100% share of funds
amounting to Rs. 269.38 Crores, Rs. 137.84 crores, Rs. 148.60
Crores and Rs. 28.51 Crores to the States of Punjab, Haryana,
Uttar Pradesh and Central Agencies respectively.
It appears from the statements made by the Chief Secretary
to the State of Punjab and Mr. Charanpal Singh Bagri, learned
counsel appearing for the farmers that most of the farmers burning
stubble are of the category of small and marginal farmers in the
State of Punjab and the Cooperative Societies give the machines
on hire basis, which cannot be afforded by the small and marginal
farmers. We have been assured by the Chief Secretaries to the
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State of Punjab, Haryana, Utter Pradesh that they will be dedicating
certain machines for the use of small and marginal farmers. Even
operational expenses shall be borne by the State Governments
for the time being till the methodology/policy is devised to provide
proper facilities of machines dedicated to small and marginal
farmers in each of the States. Let roadmap be prepared for that
purpose as it is this class of farmers who requires a support as it
is by way of compulsion and short duration of time between two
crops and they cannot afford the machines which are valuable,
having high cost and there is so much small gap between two
crops that they are forced to burn stubble in the circumstances.
As projected by the Chief Secretary that the Government is
not able to provide financial support to these small and marginal
farmers, cannot be accepted. Agriculture is the backbone of the
economy of this country. Its interest cannot be overlooked and
self-created bankruptcy cannot rescue it when the State has the
obligation towards the agriculture. The Central Government is
providing the money. The State Government has contributed to it.
They cannot ignore the interest of the small and marginal farmers.
It is the bounden duty of the Central as well as the State
Government to ensure the interest of these class of farmers is
catered and they have the facilities of farming and harvesting by
modern machines. It should not be prerogative of the chosen few,
those who have the money, means and power to afford these
luxuries. It is absolutely necessary that poor farmers are equally
provided with the modern facilities which are necessary to prevent
such incidents of stubble burning and the State Governments'
selfcreated bankruptcy or paucity of funds cannot be a guise, not
to discharge its obligation, as laid by this Court in "Municipal
Council, Ratlam Vs. Vardhichand & Ors.", reported in AIR 1980
SC 1622. We have issued the directions to the various States in
accordance with the spirit of the aforesaid decisions.
The Central Government has also its role to play in the matter.
In spite of releasing the funds, constituting High Level Committee,
submitting report to the Court on the basis of which this Court has
passed the order on 29.01.2018, nothing happened to prevent the
stubble burning and it has increased this year. Stubble burning
took place last year also. That was enough to put on guard the
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machinery of various Governments, but they did not act in the
real earnest. That is why, the incident of stubble burning for want
of proper policy has taken place in utter disregard to Court's order.
Even the suggestions which were made in the Report, which had
been considered by this Court in January, 2018 that Rs. 100/- to
be provided as incentive, could not be finalised is nothing but the
pathetic state of affairs in which we are put as on today. The total
apathy is writ large.
The authorities, concerned Committees, the State Governments
ought to have acted to discharge their duties. Directive Principles
of the State Policy have been left out of the purview of the Courts
for the reason that the State Governments should have full freedom
to implement those in the manner it so desires and the Courts may
not become the hurdle in implementing the schemes when they
have found expression in various schemes. The schemes cannot
be permitted to remain dead letter as futility of such schemes is
injurious to the very rule of law and can create anarchy. When
schemes have been framed, they are to be implemented and we
fully agree with the submission raised by the Attorney General
for India that for this pathetic state of affairs, officers cannot
escape from their responsibility and liability. They have to be held
liable for their inaction and for the situation which is being created
every year. When we come to the responsibility of the officers,
obviously, each and every incumbent manning the State
Government also becomes responsible to take steps in the positive
direction. To punish farmers is not an ultimate solution. To provide
them the basic facilities, amenities and modern equipment is the
call of the day, which has not taken place and the benefits which
are being given to the cooperative societies are being usurped
mostly by the big farmers. Small and marginal farmers are still
not able to reap the fruits of these schemes/machines. We are
assured by the Chief Secretaries that they will be looking into this
aspect and definitely taking action for allocating these machines
to small and marginal farmers. Let them consider at present even
without charging anything from them. We direct the State
Governments to dedicate these machines, modern equipment for
the service of small and marginal farmers for the time being even
if necessary free of cost. Let concrete steps be taken and action
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taken report be submitted to this Court within a period of one
month from today by the concerned State Governments.
We have been informed by the Chief Secretary of the State of
Punjab that they have ordered certain machines to be purchased
in the month of July, August and September, 2019. They are
receiving the requisite machines everyday. We expected and it
was required that steps should have been taken timely for procuring
these machines and to make them available before the harvesting
season came for the crop. Now we expect the State Governments
to procure the machines as early as possible and submit a report
in this regard within four weeks from today.
It was suggested by the Attorney General that it would be
appropriate to direct the concerned Ministries of the Central
Government as well as the State Governments involved in the
matter to prepare a comprehensive plan to take care of the situation.
It is a welcome suggestion and we accept it. We direct the Ministry
of Agriculture, Ministry of Environment and Forests and the States
of Punjab, Haryana and Uttar Pradesh and the Government of
NCT of Delhi to prepare a comprehensive scheme to take care
of environmental issues and all such ancillary issues taking care
of providing small and marginal farmers with modern equipment
and let such a scheme be prepared not only for these States but
for various other States where such facilities are lacking and are
required to be provided. For that, modalities may be worked out
as per the scheme to be framed by the Central Government in
collaboration/ consultation with the various State Governments.
Let it be done within three months from today and the report of
the steps to be taken be submitted to this Court.
For the time being, we direct the States of Punjab, Haryana
and Uttar Pradesh to disburse the money and they should not
wait for or write letters to the Central Government to give certain
funds for this purpose. Let it be released forthwith and any
noncompliance of the same would be viewed seriously, is made
clear to the concerned Chief Secretaries, who are present in this
Court.
We will take a final call on the aspect of finance also when we
consider the detailed report to be submitted by the State
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Government and after hearing the other stake holders, including
the Central Government.
It has been pointed out by the learned counsel appearing for
the farmers that certain petitions are pending. As prayed jointly,
CWP No. 23799 of 2017 titled as "Bhartikisan Union Vs. Union
of India and Others" and CWP No. 15582 of 2018 titled as
"Charanpal Singh Bagri Vs. Union of India & Ors." Filed by the
farmers in the High Court of Punjab and Haryana, they are
transferred to this Court for being heard along with this matter.
We have heard the Chief Secretary of Delhi also and have
pointed out the tables extracted in the order dated 04.11.2019
passed by this Court there are various factors which are
contributing to the pollution in Delhi such as construction and
demolition, open dumping of waste, garbage, unpaved roads/pit,
road dust, garbage burning and traffic congestion. It is apparent
from the table extracted in the order dated 4.11.2019 that
contribution to large extent is made by the aforesaid factors and
stubble burning in the other States has contributed to 40% to 44%
only. It is the shocking state of affairs that in the National Capital
of Delhi there are unpaved roads/pits. We have not been able to
take care of the road dust in spite of spending huge amount every
year, open dumping and waste, garbage burning is still taking place.
Basically, the Corporation and the Government of NCT of Delhi
has failed to prepare a proper scheme in this regard. When the
garbage/waste can be managed in Pune and Indore very
effectively, why we cannot have a waste management scheme in
Delhi, particularly when it is the capital city and face of India.
This is reflective of a total apathy of the officers and lack of
planning and nonaccountability for the money spent, which is
responsible for the situation in which we are put today. It is only
the Monitoring Committee which is doing its job effectively,
otherwise position would have been much worse. We expect all
the authorities to take care of the situation, we request the
Monitoring Committee also to look into these aspects and
compliance is made. We authorize them to look into these aspects,
whether orders of this Court in this regard are being appropriately
carried out or not and submit a report to this Court.
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It has been assured by the Chief Secretary of the NCT of
Delhi that most of the aspects will be taken care of within seven
days. They have made a consultation with the IIT Expert on the
pressure with which water to be sprinkled on the roads and
chemicals to be used so as to settle the dust.