[Delhi Pollution] SC Rejects Urgent Hearing in PIL to Ban Stubble Burning

Delhi Air Pollution Law Insider

Tanisha Rana

Published on: November 10, 2022 at 21:34 IST

In a matter before the Supreme Court that sought a complete ban on stubble burning in order to combat air pollution in Delhi and other north Indian States, was declined to give an urgent hearing.

Chief Justice of India (CJI) DY Chandrachud was informed of the matter, but the CJI stated that these are not matters that absolutely fall under the purview of the judiciary.

“So will the ban help it? Some matters courts can look into and some it cannot since they are not judicially amenable,” the CJI remarked.

As a result, he declined to give the matter top priority.

“We have heard you and it won’t be taken up now,” he said.

For many years, the national capital’s air quality has been a source of concern.

In Delhi and the neighbouring States, the air quality index, which measures air quality, reaches dangerously high levels in the months of October, November, etc.

Many farmers in the northern Indian states burn the straw stubble left behind after harvesting their crops in the months of October and November.

The burning of the stubble is said to play a significant factor in the decline in quality because of the unusual wind and soil conditions during these months.

Last Monday, the Supreme Court decided to hear a plea asking for the court’s urgent intervention to stop Delhi’s growing levels of air pollution.

A petitioner who was there in person and claimed that “Delhi was choking” made the argument before a bench consisting of the then CJI UU Lalit and Bela M Trivedi.

The court agreed to list the case for hearing on November 10, 2022, despite the bench’s apprehension about hearing the case and asking the petitioner whether a petition under Article 32 of the Constitution was the appropriate route.

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