Delhi Air Pollution | Supreme Court Directs NCR States To Act On CAQM's Recommendation For Long Term Measures

The Supreme Court today directed the Delhi Government, the Delhi municipal bodies and other agencies of the NCR states to submit their 'action taken plan' report on the CAQM's recommendations for long-term measures to resolve the air pollution crisis in the National Capital Region.

A Bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and Vipul Pancholi was hearing the matter. 

Additional Solicitor General Aishwarya Bhatti, appearing for the Commission for Air Quality Management, informed that the Committee has submitted detailed long-term measures, including phasing out polluting vehicles from Delhi-NCR; strengthening of PUC regime; augmentation of rail transport and metro models; revised electric vehicle policy; and higher incentives to be given to owners for scrapping their old vehicles

Senior Advocate Apprajita Singh, the amicus curiae in the matter, urged the Court to have concrete timelines fixed for the proposed recommendations. 

The ASG also informed the bench that agencies have been identified which can provide an Environment Compensation Charge(ECC) fund to ensure the smooth implementation of the measures. Considering the same, the bench recorded the following order, requiring the Delhi Government and all other stakeholders, including agencies of the neighbouring states, to submit their action taken reports on the CAQM recommendations. The Court asserted that it would not entertain any objections to the recommendations.

"The commission has recommended 15 long-term measures...the CAQM has also identified the agency who are the competent ones to implement these long-term measures."

"While in addition to the aforesaid measures by the CAQM, there might be some additional measures required to be adopted, there can be no doubt that these long-term measures by CAQM are required to be given effect with no delay. We therefore call upon the stakeholders to submit their respective action taken plan to give effect to these measures. This court is not inclined to entertain any objections with respect to these measures."

In addition to the long term measures, the Court noted that the CAQM has also made deliberations on the air quality scenario in the Delhi-NCR region, considering the toll congestion at the Delhi border entry points, and to ensure the timely adoption of Advance Technology,  has made additional recommendations. 

The bench ordered that the DMC shall submit their response on why the recommendations should not be implemented in a timely manner.

"We direct the concerned agencies, particularly the DMC to submit as to why these directions should not be implemented with any delay."

"Again, we make it clear that we will not hear any objections against the recommendations made by the commission, and all that the DMC and other agencies of the NCR, including the agencies of the neighbouring states, are required to do is to submit the action plan, the timeline within which they shall comply."

The Court also asked the CAQM & Delhi Govt to submit a fresh plan on executing the ECC funds

"As regards the ECC fund...the CAQM may submit a separate proposal for a suitable revision. The Delhi government is directed to submit a plan for the utilisation of the ECC funds, for the purpose of giving effect to the long-term measures or the interim recommendations made by the CAQM as reproduced above."

"A separate response in that regard shall also be submitted, post these matters after 4 weeks" the bench added. 

Previously, the Court strongly criticised the Commission for Air Quality Management (CAQM) for what it termed an "unserious" approach towards addressing the persistent air pollution crisis in Delhi NCR, and directed the statutory body to urgently convene a coordinated meeting of domain experts and place a comprehensive report on record and in the public domain.

Case Title – MC Mehta v. Union of India WP (C) 13029/1985