Commission for Air Quality Management failed to curb incidents of stubble burning: Supreme Court

New Delhi: The Supreme Court on Thursday said every winter, stubble burning in neighbouring states of Haryana and Punjab triggers severe air pollution in Delhi- NCR and it is one of the major contributors to poor air quality in the national capital, but the Commission for Air Quality Management (CAQM) has failed to curb the incidents.

A bench of Justice Abhay S Oka, Ahsanuddin Amanullah and Justice Augustine George Masih directed the state governments of Punjab and Haryana to file affidavits within a week disclosing implementation made by them of directions issued by CAQM.

Taking up the matter related to air pollution, the bench said, “Obviously, no steps have been taken by the commission to monitor the implementation of its orders.”

The bench said CAQM has not launched a single prosecution against incidents of stubble burning in the National Capital Region and adjoining areas.

It also noted that the commission held a meeting on the issue only on August 29.

The court also said that only five out of 11 members were present in the meeting where the implementation of its directions was not even discussed.

"Everybody knows that except discussion nothing is happening. That is the harsh reality of this,” the bench said.

The court also said it may exercise extraordinary jurisdiction under Article 142 of the Constitution of India, to appoint some experts in the field as additional members who are experts in the field of air pollution.

The bench also pulled up the Punjab and Haryana governments for only exacting nominal compensation from the farmers who were found to be involved in burning stubble.

Last week, the court had asked the CAQM to file its response on the steps taken to curb stubble burning.

On September 27, the court had slammed the Commission for not taking concrete steps to curb air pollution in the national capital region (NCR) and acting only as a "silent spectator".

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

The bench noted that the committee met only thrice in the past nine months and there was no discussion on stubble burning at all. The bench said the last meeting was on August 29, and the entire September, there was no meeting. The bench asked, “In 2024, there are 129 cases of stubble burning, why action has not been taken against these people?"

The bench asked the commission to show the implementation on the grassroots level of its orders and emphasized that unless there is prosecution, stubble burning cannot be controlled.

The bench was informed that the government had lodged FIRs under the section relating to disobedience of orders of a public servant. However, the bench said it was registered under the softest provision and cited Section 14 of the CAQM Act, and Section 15 of the Environmental Protection Act, which has drastic powers.

"Why Section 15 of the Environmental Protection Act is not invoked and why the corresponding action is not taken against the officers of the government," the bench asked.

With regard to free machines being provided to the farmers, the Punjab government's lawyer contended that 70 per cent of farmers in the state have less than 10 acres of land, and, to use the machine, they would have to employ a driver and use diesel, and they are not willing to do it.

The counsel suggested that farmers should be assisted with the cost of running the machine.

The bench felt unless penal action starts at the grassroots level, the stubble-burning issue will not be resolved. Machines are there but they are not going to use the machines, it said.