Supreme Court Adjourns Delhi Air Pollution Matter Till Nov 17; Seeks Report From Punjab & Haryana On Stubble Burning

A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran was hearing the issue of air pollution in Delhi-NCR in the batch of environmental pleas in the MC Mehta Case.

Sr Advocate Gopal Sankarnaryanan, appearing for one of the applicants, informed the Court that the AQI has crossed 450 in some areas and constructions were being carried out, including within the Supreme Court premises. 

He stressed that while the CAQM has implemented GRAP III, the situation demanded the implementation of GRAP IV instead. 

The bench directed the State of Punjab and Haryana to file a status report on the steps taken to curb stubble burning. 

"We direct the state of Punjab and Haryana to file a report on what steps are being taken to curb stubble burning," the bench ordered.

One counsel flagged the issue of false data on air monitoring stations. "There is a huge problem; the data getting uploaded is false, We have requested the CAQM and CPCB to respond." 

ASG Aishwarya Bhati, appearing for the CPCB, interjected, "We have filed a status report, officers are also present in the court, they will explain everything." 

She also suggested that the matter be kept for tomorrow. 

When the CJI said that it will be heard next week instead, amicus curiae Senior Advocate Aparajita Singh weighed in to underline, " Right now, as it is reaching a hazardous state, mylords may take up urgently, we request that. My lords may take it up tomorrow, if they could explain what is happening on the monitoring issue" 

The bench however, stated that it will only hear the matter on Monday now. 

The CJI said, "We will have it on Monday." 

After the lunch break, when the bench reassembled, Senior Advocate Aparajita Singh flagged the issue of stubble burning being delayed by the farmers to circumvent detection by the satellite which passes the region. She explained : 

"There is a NASA scientist, he says that the crop is burnt after the satellite passes away. He has analysed through he European and Korean Satellites and he has said that they have delayed the burning the burning of the crops in tune with the passing of the Satellite - this is a little important." 

Singh referred to a coverage of India Today where the farmers in a TV interview said that they have been told by the administration to burn the crops only at a particular time. She added that if the NASA Scientist is right, then the data collected on stubble burning may not be authentic.

"I am only asking the CAQM to respond....because if this is true, it is alarming, then their count is also not the real count" 

Singh also urged that the Court modify its earlier order of 2018, which directed the CAQM to take measures when the AQI breaches 400. She said, "Between now and Monday, there is a chance that it will turn Severe +" 

The CJI reiterated that the matter will be heard on Monday. 

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