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Live Updates Supreme Court Live Updates - Aditya Dubey Vs UOI - Delhi Air Pollution issue

Supreme Court Live Updates Delhi Air Pollution issue

Nov 13, 2021

Sr Adv Kapil Sibal: On pollution issue i was listening, please protect all of us, we can’t stand at 500, at 80

CJI (in lighter vein): you think advocates can’t withstand Judges can withstand? We’re more vulnerable, our health is deteriorated.

Sibal: children, elderly, advocates all are exposed pls take care, its life threatening issue

CJI: Mr Mehta, please cooperate with us.

Sibal: for once he is on my side

SG: not once, a few occasions.

Justice Chandrachud to Sr Adv Rahul Mehra for Delhi Govt: You’ve opened all schools 2 weeks back, you’re now witnessing children going to school & exposing their lungs & life to grave pollutants. Has Delhi Govt done anything to schools or they’re still running?

Mehra: We are in an alarming situation, its like consuming 20 cigarettes a day even when we don’t smoke. I’ll take your point and take it back to govt

Sr Adv Rahul Mehra for Delhi Government: There was an affidavit which had to be filed. Unfortunately it has come in the morning & is in process. I apologise

CJI: Its alright . Atleast some thinking is there.

SG: Let me make submissions & tell the steps taken

CJI: Mehta will say I’ll take adjournment and file report.

SG: No I’ll not say that. I’m sure Lordships say that in lighter vein.

CJI: Its issue of burning, you have seen how bad the situation is, in houses we’ve to wear mask. What steps have been taken.

SG seeks to screen share a chart he’s made in that regard.

SG: First problem of stubble burning, 5 steps have been taken. First is in situ crop residue management

SG: Second step is, ex- situ crop residue management, if i have a farmer and have stubble & don’t want to go for in situ, avenues have been opened where this can be used.

SG: Next is prohibition of stubble/crop residue burning, monitoring has to be done by States. Punjab needs to buckle up & do something to reduce.

SG: there has to be some deterrent, so state Govt’s are can impose something of farmers

CJI: you’re saying this like farmers are responsible for this. Where is the effective mechanism to control ?

SG: Please don’t take it that govt, state or centre is putting this on farmers. There’s not a remote intention of suggesting that.

CJI: let me clear, We’ve nothing to do with which government. Question is how to control burning situation, emergency measures, short term plan on how to control this!

Justice Chandrachud: Mr Mehta problem is not enforcement, it’s incentivisation. What are incentives you have put?

J Kant: you say 2 lakh machines available. In market there are 2-3 kinds of machines but farmers can’t afford to buy them. Why cant centre or state govt provide these machines, or take away the stubble?

SG: these 2 lakh machines are made available at subsidised rate, which are almost 80% subsidised.

J Kant: Can your officers tell you cost after subsidy & if farmers can afford it? I’m a farmer i know it, Hon’ble CJI is a farmer he knows it.

SG submits it’s given through cooperative societies: Free of cost is available to marginal farmers. They are getting free of cost.

J Kant: Question is of simple economy. If you take stubble from farmers and send to industries, it won’t cost anything!

Justice Chandrachud : Give us figures of some sample districts.

SG: please let me take court through this.

CJI: okay you say whatever you want to say, we’ll come to these issues later then

SG continues with the submissions regarding steps taken:

SG: I’ve got the figures.

J Chandrachud: How much will be total capital cost for machines required in these states? How much are we talking about.

SG refers to PUSA Bio decomposer application status across States: application has been carries out in 6,65000 acres inUO & 91500 acres in Delhi

J Chandrachud: What % are you operating? Lets say Haryana, what’s the total paddy acreage?

SG: statutory directions for utilisation of paddy, directions have been issued to thermal plants, and utilise it. So farmers won’t have to go for in situ or ex situ

J Chandrachud: Who collects it? What’s the actual arrangement put in place to ensure its collected and utilised

SG submits tenders have been issued

J Kant: You’ve to appreciate once paddy is harvested farmer is under compulsion to prepare farm for next crop. Therefore whatever mechanism you’re creating they must visit farmers within those days & remove this stubble

DYC J: there’s a window of 15 days. This was a late monsoon, so window reduced. Were any steps taken in that window or are you still issuing tenders?

Justice Chandrachud: Problem is how are you implementing these schemes? How do we ensure stubble is actually removed and taken & farmers have some remuneration.

SG requests court to have the matter on Monday so the questions can be answered.

J Kant: You’ve to answer to CJI’s query, that source of pollution in Delhi are other than these. What’s being done for that?

SG submits one major cause is dust pollution

SG reads out activities identified for road dust management.

CJI: i said something you took serious objection so..

SG: nono

CJI: see some % of contribution is stubble burning, rest is pollution in delhi, particularly crackers, industries, dust etc. Take us immediate control measures. If required think of 2 days lockdown or something, how will people live?

J Chandrachud: Post pandemic schools have been opened, we are exposing little children to this! Like Dr Gulleria said, there’s pandemic there’s pollution!

CJI: Please call for a meeting and take some decision, some emergency measure!

SG: Emergency meeting is scheduled for today.

SG seeks to clarify.

CJI: You’ve to look at the issue beyond politics and government.

SG: I just wanted to clarify we were not saying

CJI: First control Delhi, then we’ll see others. call a meeting, take a decision. We want something to happen, so 2-3 days we’re in a position to feel better.

SG: its a joint meeting

SG adds Govt is conscious

CJI: Today it appears from news that Stubble burning has increased a lot.

SG: Our prediction is till 18th we’ll have to take stern measures to ensure we don’t go ahead from very severe

CJI: Why don’t you ask punjab haryana to hold the burning for 2-3 days then?

SG: They will be in meeting. Its a common problem. I can’t put blames on states. Its a collective problem, colour of political party doesn’t matter.

CJI: its a problem for all, politics doesn’t matter.

Bench: we’ll have it on Monday then.

CJI: Delhi Govt said something they’ll put up, its working or not?

Mehra: on 30 Sept, AQI was 84. After a month, AQI has gone up to 471. While this court will look into many other factors, it probably is the stubble burning.

CJI: what is the solution

Mehra: the Agency which we partnered with, problem is its a 20 day cycle. If PUSA people could look into that.

J Kant: it has become fashion to bash farmers now. In Delhi there was ban imposed on fire crackers, what’s been happening in last 7 days? What is Delhi Police doing?

Justice Chandrachud to Sr Adv Rahul Mehra: You have opened all schools a week back, you’re exposing them to this pollution. This isn’t centre’s jurisdiction this is Delhi Govt’s

Mehra: We are in an alarming situation, its like consuming 20 cigarettes a day even when we don’t smoke. I’ll take your point and take it back to govt

Bench: We’ll take this on Monday, tell us what meetings you’ve taken etc.


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