Delhi Air Pollution: Supreme Court Asks Commission For Air Quality Management About Steps Taken To Control Air Pollution In NCR

The Supreme Court on Tuesday (October 10) called upon the Commission for Air Quality Management (CAQM) to inform the Court about the steps taken concerning the air pollution in and around the National Capital.

While hearing a bunch of petitions in M.C. Mehta v. Union of India and Ors., the Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, ordered:

“Amicus (Senior Advocate Aparajita Singh) flagged the serious problem of air pollution with winters approaching; this is aggravated by crop burning. She submits that all these issues are before CAQM. We call upon the CAQM to submit urgently a report as to the steps taken for air pollution in and around the capital.”

The matter is next listed (for this limited purpose) on 31st October.

It may be noted, that the matter placed before the Court was pertaining to the allocation of quantities of RPC, which is the abbreviation for raw pet-coke, a residue of the leftover from the refining of petroleum products and sand crude as well as other heavy oils. Pet coke is cheaper and burns hotter than coal and is, therefore, used as a fuel, for several industrial uses. However, tests on imported pet-coke and crude coke evidence that they have extremely harmful effects in as much as their residues thrown into the atmosphere contain Sulphur as well as injurious particulate material.

The Bench observed that it is practically very difficult for the Court to monitor and see the quotas for different industries. It took into its record the suggestion of Amicus Curiae, Senior Advocate Aparajita Singh, that the CAQM should look into the matter afresh keeping in mind the availability of pet coke in the country and the requirement of import of pet coke thereafter.

The Court opined that a holistic view has to be taken as to the distribution of pet coke available in the country and the pet coke required to be imported and how both of them should be distributed in relevant industries.

In view of the same the Court ordered:

“….We thus delegate all these issues to the CAQM and in one way observed that this is there job. This is more so that the origin of regulation arose from the fact considering that pet coke highly polluting especially when is used as a fuel and in unregulated industry….”

Case Title: M.C. Mehta v. Union of India and Ors, W.P.(C) No. 13029/1985

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