SG Tushar Mehta: there is a small disclosure, that we were in close proximity with a lawyer yesterday whose son has tested COVID positive. So we are quarantining. We had taken off our mask for a while
Sr Adv Vikas Singh: we should try to not remove our masks
CJI: Are you suggesting us? (bench smiles)
SG Tushar Mehta is appearing physically
Sr Adv Vikas Singh: no development can be at the cost of public health. If you go to India Gate there is a lot of dust around. Ultimately these ban will not work unless there are flying squads to implement these directions.
Singh: In MC Mehta matter there were flying squads. Immediately sealing can be done if violations are found. Stubble is not an issue now but some directions are needed so that it does not happen next year
Singh: Delhi being the Centre, cars should be BS VI compliance and if there are cars which are not they cannot ply.
Singh: today the level is 500 AQI and it is serious and that means someone is flouting this. All these directions like water sprinklers etc are working or not has to be seen like a proper flying squad. Ban also has to be uniform
CJI to Dr AM Singhvi for Delhi govt: we are looking at this aggressively and you told us schools are closed but it is not so. 3 to 4 year old children are being made to go to schools. see todays IndianExpress children are going, if you want order we will appoint someone
CJI: Elders have to work from home and children have to go to school
Justice Surya Kant: nothing has been followed. while we came to court there are people sitting in the middle of the road with banners of save environment. that's why we say ONLY POPULARITY SLOGANS
CJI: We are not opposition leaders and our aim was to only control the pollution. You have made assurances on the first day that WFH is there and you are ready for lockdown etc. you closed schools and colleges but then what?
Justice Surya Kant: no additional CNG buses have come. what has been done?
Dr Singhvi: Please take my affidavit dated December 1.
Singhvi: its in two files
CJI: This is another cause of pollution.
Dr Singhvi: multiplicity of flying squads will only add to the confusion. I must make it clear as we too have our teams on the ground
Dr Singhvi: will and the action is there. even challans are being processed. 30 Lakh smses have been sent for enforcement of PUC to vehicle owners
Justice Surya Kant: have you mentioned anything that how these young children are being exposed to the pollution who are standing with banners
Singhvi: these are civil volunteers
SC: Someone has to take care of their health too
Dr Singhvi points towards Dust Mitigation measures by Delhi Govt
CJI: There are how many task forces from your side and how many are from the Central govt side.
Singhvi: taskforce is only one which has members from both centre and us so that we form a common policy
CJI: So basically nothing is happening and everything is being done. So we may have to...
SG: Please see the page 12 and say the rest. I can present the task force but please see this...please dont gather this impression..
SG: There is continuous monitoring by statutory teams. there are some large geographical areas where the violations can be closed. I can give details to satisfy your conscience
Justice Kant: how are you concerned with the fines imposed by Haryana? Show us which industries have been closed down
SG: I was answering to the fact that there is no flying squads. flying squads are going. I can give list of flying squads
As a layman I am asking this, the day when this matter started there was X AQI level of pollution, then tall statements were made. If so much efforts has been implemented then how is the pollution rising further? Why is it not going? stubble burning also has come down:CJI
SG: My only agenda is to assist the court and not introduce any private agenda. I can give names of all the members of the commission which is involved in 24x7 monitoring of this situation?
DYC J: Is there an statement by the commission on what is the most potent source of pollution
Singh: he is making an allegation that he is saying we have an agenda. how can he say something like this
SG: i cannot shout. He must remember that we are not on streets
Singh: the bench is asking questions and SG will say that you all also have an agenda.
SG: Industrial and vehicular pollution are the main source of pollution .. that is my instruction by Secretary of the commission
DYC J: Tell us on what can be done on industrial front
SC: Then there will be no industrial pollution then
Singhvi: IIT Kanpur has done a proper source based break up. we need an authentic report from any of the IITs to have a break up of this source
SG: officers are working round the clock. i will put all the composition and names in front of you
DYC J: Is there any check on the non compliant BS 6 vehicles not entering the city
SG: We don't have powers to impound the vehicles
SC: But you can stop the entry cant you..there is an entry ban and vehicles are not permitted
CJI: yes we are not able to control the pollution in spite of taking measures. you tell us how many members in this commission?
SG: There are 16 members
CJI: What is the commission doing? who is the chairman of this commission?
DYC J: The committee has no power of enforcement apart from ordering prosecution under Section 13
SG: please let me respond tomorrow and let me speak with the minister. we are not averse to this and highest functionaries are equally worried. There needs to be reworking of power structure. Let me come back on Monday
Sr Adv Ranjit Kumar for state of UP: Please see Section 12(2) of the act. it is the power to close down the establishments flouting these rules
DYC J: Have you exercised this section?
SG: Some power structure needs to be put in place. i have something in mind..
CJI: In an emergency situation you have to work in emergent ways. suppose temp is going up in fever then what can be done to control it?
