Supreme Court Orders Immediate stay to Stubble Burning in Northern States to Combat Delhi Air Pollution

Supreme Court Law Insider

LI Network

Published on: November 07, 2023 at 14:25 IST

Amid the worsening air quality in the Delhi-National Capital Region, the Supreme Court issued a stern directive on November 7, calling upon the governments of Punjab, Rajasthan, and Haryana to take urgent measures to cease stubble burning by farmers, a significant contributor to the region’s air pollution.

The bench, comprised of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, held the local State House Officer, Chief Secretary, and Director General of Police accountable for preventing crop burning. Moreover, the Court instructed these states to convene a meeting with Uttar Pradesh to ensure an immediate halt to this practice.

In addition to targeting stubble burning, the Court urged the Delhi Government to prevent the burning of municipal solid waste in the city, an issue currently contributing to air pollution. Senior Advocate Aparajitha Singh, acting as amicus curiae in the case, reported that the smog towers installed by the Delhi Government in line with previous court directives were non-operational. Expressing dismay at this situation, the Court ordered the Delhi Government to promptly repair the smog towers.

The Court also emphasized the need to restrict taxis from other states, carrying only a single passenger, from operating in the national capital region, ensuring that only taxis registered in Delhi are allowed to ply in the city.

Justice Sanjay Kishan Kaul, the presiding judge of the bench, emphasized the urgency of stopping stubble burning and conveyed to the Advocate General of Punjab, Gurminder Singh, that measures must be taken immediately.

The Court asserted that the administration, including local Station House Officers, must be held responsible for ensuring this. It was acknowledged that while stubble burning is not the sole contributor to air pollution, it is a significant factor that requires immediate attention.

The Attorney General of Punjab acknowledged that farmers resort to stubble burning due to economic reasons and suggested that the government provide subsidies to facilitate alternative solutions. He also proposed phasing out paddy cultivation and offering Minimum Support Price (MSP) for other crops.

The Court, in its order, emphasized the need for transitioning to alternative crops, distinct from paddy, which is not native to Punjab. This transition can be achieved by revising MSP policies in favor of other crops. The Court observed that the Central Government is already promoting the cultivation of traditional crops.

The Court called for swift action from all stakeholders involved in addressing these issues and directed the Cabinet Secretary to convene a meeting with them the following day. Additionally, the Court instructed the State of Punjab to rigorously enforce the Punjab Preservation of Subsoil Water Act 2009.

The matter will be revisited on the upcoming Friday to monitor progress. The Court emphasized the pressing need to address the health problems faced by Delhi residents due to prolonged air pollution and the necessity of court oversight in resolving these issues.

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