Delhi-NCR Air Pollution| Declare AQI Above 250 As 'Disaster' Under Disaster Management Act : Plea In Supreme Court

In the ongoing air pollution crisis in Delhi-NCR matter before the Supreme Court, a plea has been filed seeking to declare situations where the Air Quality Index(AQI) crosses 250 as a 'disaster' under the Disaster Management Act, 2005.

Notably, the bench of CJI BR Gavai and Justice K Vinod Chandran is seized of the matter. Earlier, the bench directed the State of Punjab and Haryana to file a status report on the measures taken to curb stubble burning, contributing to the air pollution crisis in Delhi-NCR

The application is filed by Vikrant Tongad, the Founder of the trust organization 'Social Action for Forest & Environment (SAFE)' and seeks a slew of measures after the Court allowed them to give their suggestions to curb the air pollution crisis in Delhi- NCR. 

The following solutions have been suggested to be implemented in Delhi-NCR as well all other States and UTs. 

(1) To declare a situation witnessing AQI above 250 as a 'disaster' under the Disaster Management Act, 2005.

S.2(d) of the 2005 Act states: "disaster” means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area" 

(2) Studies to be conducted by various reliable institutions like the Indian Institute of Tropical Meteorology (IITM), Pune- addressing the various issues like: Has massive, uncontrolled urbanisation had any effect on the change in the air and wind patterns in Delhi-NCR?; Have the massive highrises/multi-storeyed buildings spread over Gurgaon, Faridabad, Noida, Greater Noida, and Ghaziabad caused a change in the air and wind patterns in Delhi-NCR and to what extent?  etc 

(3) Massive grassing and vegetation/landscaping of roadsides/roadberms and open areas, after deconcretization/depaving, is an effective answer to absorb dust particles and thereby contain PM10 levels as also enhancing atmospheric Carbon sequestration.

(4) A Massive Green Wall is required to be raised at the periphery of Delhi and at each district falling under NCR

(5) Every Urban Development Authority, as well as Local Bodies (Urban as well as Rural) across Delhi-NCR must necessarily create an Environment and Climate Change Department or Cell.

(6) The number of Air Monitoring Stations (with advanced technologies) needs to be significantly increased, especially in NCR cities and towns. More stations and devices must be installed in the industrial and heavy-traffic areas. 

(7) Affordable, reliable and luxurious public transport, including a reduction in fares of these public commute options 

(8) Providing cleaner, affordable fuels like CNG/PNG to small food businesses

(9) State governments must urgently augment the capacities of the PCBs/PCCs in terms of manpower, infrastructure (monitoring stations, laboratories etc,) and operations. The Central government may also work out a fund-sharing mechanism with the states. 

(10) The siting of Air Monitoring Stations must be more in the Industrial, Commercial and traffic/vehicular congestion-prone areas, away from the open, green/vegetated areas so as to give a more correct picture of the actual levels of pollution. 

(11) Regular reporting and audit on the use/expenditure of funds from the environmental compensation

The Court is scheduled to hear the matter on November 17. 

The plea has been filed with the assistance of Advocates Rishi Sehgal and Akash Vashishtha 

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