Supreme Court Declines To Take Up Fresh Plea Against Stubble Burning

Rintu Mariam Biju

9 Dec 2022 3:15 PM GMT

  • Supreme Court Declines To Take Up Fresh Plea Against Stubble Burning

    On Friday, the Supreme Court refused to entertain a fresh writ petition highlighting the issue of air pollution in Delhi due to stubble burning in the neighbouring states.While disposing of the plea, a Bench of Justices MR Shah and Ravindra Bhat orally observed that there are similar petitions before the Supreme Court for consideration.Raising serious issues, the plea moved by Advocate...

    On Friday, the Supreme Court  refused to entertain a fresh writ petition highlighting the issue of air pollution in Delhi due to stubble burning in the neighbouring states.

    While disposing of the plea, a Bench of Justices MR Shah and Ravindra Bhat orally observed that there are similar petitions before the Supreme Court for consideration.
    Raising serious issues, the plea moved by Advocate Shashank Shekhar Jha submits that stubble burning in the neighbouring states of Delhi has caused a huge level of Air Quality Index, resulting in the National Capital Territory "choking".
    "In June 2022, the Air Quality Life Index (AQLI) released by the Energy Policy Institute at the University of Chicago (EPIC) stated that the residents of Delhi stand to lose 10 years due to air pollution."
    Giving statistics, the plea says that the 24-hour AQI in Delhi touched 424 on November 1, 2022, entering the severe zone (400+) after hovering at its threshold the previous day at 392.
    Asserting that stubble burning is still ongoing in the neighbouring states of Delhi, the plea relied on data published by the Indian Agriculture Research Institute stating that 2,109 fire incidents are due to stubble burning, with Punjab and Haryana witnessing the most number of cases.
    The situation is so worse that the National Commission for Protection of Child Rights (NCPCR) has recommended that the schools of Delhi must be closed to protect the children from severe air pollution, the plea states.
    According to the petitioner, health issues are on the rise. With Delhi's AQI falling in the "hazardous" category, citizens are experiencing severe throat and nose infections in the capital city, with such infections jumping by 90%.
    Therefore, the plea prayed for the following reliefs:
    • To issue fresh guidelines to all the Respondents concerning stubble burning;
    • To issues guidelines to all states to take necessary measures to reduce pollution including the installation of smog towers, plantation drive, affordable public transport, etc;
    • To appoint a High-level committee under the Chairmanship of a retired Supreme Court Judge to tackle the air-pollution crisis due to stubble burning.
    Case Title: Shashank Shekhar Jha v. UoI And Ors | WP(C) No. 987/2022


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