Farm fires should stop, take long term measures: SC to Centre, states on air pollution in Delhi

Taking note of overnight rains in the capital and surrounding areas, the court said, 'God may have heard the prayers of people and intervened, no thanks to the government.'

New Delhi: The Supreme Court on Friday asked the Centre and states to take long term measures to improve air quality in the Delhi NCR region, saying it cannot allow people to suffer from pollution.

The top court emphasised that it wanted farm fires to be stopped, and take measures to replace rice with something else as major crop in Punjab.

Taking note of overnight rains in the capital and surrounding areas, a three-judge bench led by Justice Sanjay Kishan Kaul, said, “God may have heard the prayers of people and intervened, no thanks to the government."

The bench, also comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, told Attorney General R Venkataramani and counsel, representing various state governments, that government officials are meeting but nothing happening on the ground level to address air pollution in the capital 

"Why things only move when the court intervenes," the bench wondered.

With regard to the overnight rain in Delhi and surrounding areas, the bench said, “People have to pray only, sometimes wind comes and helps, and sometimes rains."

The bench also asked whether the Centre is ready to bear 50 per cent cost of stubble clearing machines.

The court said that registering FIR for farm fires is not the solution and the approach should be financial relief, including some incentive.  

The bench once again emphasised on phasing out paddy from Punjab gradually, while pointing out that the water table in Punjab is going down.

The bench suggested that anybody who is involved in farm fire should not get MSP next year.

"Something like this has to be done as a curative measure….everybody’s children are suffering; there has to be some incentive….or attach their properties for one year,” the bench said. 

The court said it would leave it open to governments -- on having a carrot and stick approach --  otherwise they will say the apex court ordered attachment.

"We want farm fires stopped, we want the air quality to go up, we want you to take long term measures. How to have this rice replaced by something else," the bench said.

The bench told the AG, “If the governments want it, Centre or state, it will happen. If you are lackadaisical about it, it won’t happen.”

The AG said it is not only the Union government but all state governments. 

"So all governments are responsible. We are only interested in seeing it occur…..if it does not occur then the only option will be to have your chief secretaries here, concerned secretaries here (in the court). Keep them here till they find a solution. We don’t want to do that. I am sure they can do their work better…Please find a solution,” the bench said. 

A counsel, representing one of the petitioners, said the National Green Tribunal noted that the whole of Punjab is red (due to farm fires). The bench told Advocate General of Punjab Gurminder Singh: “Implementation of restraint of fire is something which is not being done by the Punjab government…”. 

Singh replied that the task is being taken on war footing and the State is taking all measures against farm fires and policemen are extinguishing fire wherever detected.

The court fixed the matter related to the pending plea by environmentalist M C Mehta on November 21.