Supreme Court: In a civil writ petition raising concerns over increasing pollution in Delhi due to various reasons such as burning of firecrackers, stubble burning and vehicular pollution, the Division Bench of Abhay S. Oka and Augustine George Masih, JJ. noted the reluctance of part of the States and authorities in implementing the orders of the Court and imposing penalties, and prosecuting the officials violating the CAQM Act in regard to stubble burning. The Court also noted that there were flagrant breaches of the order of the CAQM Commission passed three years back.
IN RE: BAN ON FIRECRACKERS
The Court noted that on 14-10-2024 a complete ban was imposed on the manufacture, storage and bursting of all categories of firecrackers 1-01-2025 by the Court. The Court on perusal of the submitted affidavit on behalf of Delhi Police noted that the implementation of the said order was not taken seriously. There was nothing mentioned in the affidavit to show that the order imposing the ban was communicated to those who have been permitted within the limits of the territory of NCT of Delhi to manufacture, store and sell the firecrackers, including those who sell the firecrackers online marketing platforms. Hence, the Court directed the Commissioner of the Delhi Police to immediately act to inform all the concerned about the said ban and ensure that during the subsistence of the said ban, no licence holder manufactures, stores or sells the firecrackers. The Court also directed the Delhi Police to immediately inform those entities which sell firecrackers through online marketing platforms to stop the sale and delivery of the firecrackers within the limits of the territory of Delhi. A special cell for implementation of the order of ban should be set up and the Station House Officers shall be held responsible for all the local Police Stations responsible for enforcing the said ban.
“The right to live in a pollution-free atmosphere is a fundamental right of every citizen, protected by Article 21 of the Constitution of India.”
Prima facie, the Court viewed that no religion encourages any activity which creates pollution. The use of firecrackers also affects the fundamental right to health of the citizens apart from creating noise pollution. On the question of extending the ban throughout the year, the Court directed the Delhi Government to take an appropriate decision before 25-11-2024.
IN RE: VEHICULAR POLLUTION
On the issue regarding pollution created by vehicles the Court said that the Amicus Curiae and other parties will be heard on 25-11-2024 and the issue regarding directions issued by the Court about using colour-coded stickers has been listed for 3-01-2025.
IN RE: IMPLEMENTATION OF SOLID WASTE MANAGEMENT RULES, 2016
The Court directed the Chief Secretary of the Delhi Government to call a meeting of all the stakeholders, including the Municipal Corporation of Delhi, to discuss the issue of implementation of the Solid Waste Management Rules, 2016 (‘the 2016 Rules’). All the stakeholders must come together and file a common report before this Court laying down the timelines for reporting compliance with the provisions of the 2016 Rules. The Court directed them to file a common response by 13-12-2024.
It is of immense importance that the 2016 Rules are implemented in their true letter and spirit in the capital city. The Court stated that the 2016 Rules have remained on paper. If in the territory of NCT of Delhi, there is a complete failure to implement the 2016 Rules, one can imagine what must be happening in the other cities in the other parts of the country.
The Delhi Government must come out with the figures for the daily generation of solid waste in the city while submitting the report. If the involvement of any department of the Government of India is required in the implementation of the 2016 Rules, the Court authorised the Special Secretary of the Environment Department of the Delhi Government to call the officers of the Union of India for the meeting.
IN RE: STUBBLE BURNING
On perusal of the compliance reports filed by the Governments of Haryana and Punjab, the Court noted that there were a large number of farm fires during Diwali days. The Court noted reluctance on the part of both Governments to take action in terms of Section 14 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 (‘CAQM Act’). The Court said that instead of initiating prosecution, the States are busy issuing show-cause notices to the officers. Hence, the Court sough explanation for the inaction of the States. The Court also directed the States and other authorities concerned to initiate action for recovery of penalty in accordance with Section 15 of the Environment (Protection) Act, 1986, for all the breaches covered by Section 15 as now the adjudicating machinery is in place.
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