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W.P.(C) 1346/2015

Court on its Own Motion v. Union of India

2017 SCC OnLine Del 10676

In the High Court of Delhi at New Delhi

(BEFORE S. RAVINDRA BHAT AND SUNIL GAUR, JJ.)

W.P.(C) 1346/2015 & CM Nos. 35024/2016, 640/2017, 4383-4384/2017,

8565/2017, 18856/2017 & 26231-26233/2017
Court on its Own Motion (Air Pollution in Delhi) .…. Petitioner
Mr. Kailash Vasdev, Sr. Adv. (Amicus Curiae) with Mr. Sumer Singh Sandhu, Mr.
Umrao Singh Rawat & Ms. Rajkhowa Divija, Advs.
v.
Union of India & Ors. .…. Respondents
Mr. Ajay Digpaul, CGSC for UOI.
Mr. Sanjay Poddar, Sr. Adv. with Mr. Ajay Arora and Mr. Govind Kumar, Advs. for
SDMC.
Mr. Sanjay Poddar, Sr. Adv. with Mrs. Biji Rajesh for Mr. Gaurang Kanth, Adv. for
EDMC.
Ms. Avnish Ahlawat, Adv. for DTC.
Mr. Om Prakash, Adv. for Northern Railway.
Mr. Anchit Sharma with Mr. Tarveen Singh Nanda, Ms. Diksha Lal and Mr. Rahul
Singhal, Advs. for DCB.
Mr. Anil Grover, AAG Haryana along with Mr. Mishal Vij, Advs. for State of Haryana.
Mr. Sakya Singha Chaudhuri, AAG with Ms. Shreya Mukerjee, Adv. for State of
Punjab.
Mr. Anil Mittal with Ms. Komal Aggarwal, Advs. for R-26/State of U.P.
Ms. Shaheen with Mr. Puneet Taneja, Advs. for R-28/NTPC.
Mr. K.M.M. Khan with Mr. N.N. Bain, Advs. for applicant/respondent-Sanjay Colony,
Bhati Mines.
Mr. Kamlesh Kumar Mishra with Mr. Lal Babu Lalit, Mr. Vishal Kalra & Ms. Anu Pal,
Advs. for Intervener.
And
W.P.(C) 2115/2015 & CM Nos. 10198/2017 & 7298/2015
Sudhir Mishra .…. Petitioner
Mr. Sumit Purohit with Ms. Ritwika Nanda, Advs.
v.
Ministry of Health & Family Welfare & Ors. .…. Respondents
Mr. Dhanesh Relan with Ms. Gauri Chaturvedi, Advs. for DDA.
Mr. Alok Kumar with Mr. Neeraj Gupta, Advs. for R-6 (CPCB).
W.P.(C) 1346/2015
&
CM Nos. 35024/2016, 640/2017, 4383-4384/2017, 8565/2017, 18856/2017 &
26231-26233/2017
And
W.P.(C) 2115/2015 & CM Nos. 10198/2017 & 7298/2015
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Decided on September 22, 2017

Environment Protection and Pollution Control — Air (Prevention and Control of Pollution)
Act, 1981 — S. 39 — Air pollution in Delhi — Stubble burning — Problem aggravating in
March and October after harvesting of Rabi and Kharif crops — High Court's intervention —
Concerned about deteriorating air quality, High Court of Delhi taking suo motu cognisance of
the problem and issuing necessary directions to check it — These directions include, (i) strict
enforcement of ban on burning of stubble including prosecution of violators, (ii) enforcement
to be monitored through satellite imaging, (iii) obtaining of weekly reports, (iv) strict
enforcement of Graded Response Action Plan (GRAP), (v) sharing of information relating to
goods results achieved at some places and replicating them at other places, (v) spreading
awareness amongst residents of vulnerable areas about preventive measures to be taken
and providing them necessary facilities — Cleaner means for disposal of waste — Waste-to-
energy power plants — NTPC directed to file status report regards enhancement of capacity
of such plants — Involvement of corporate sector in reducing the problem — Lifting of
agricultural waste for consumption in some of industries like cement, power generation,
wooden boards, rough paper, biomass processing, etc. — Governments concerned directed
to issue directions in this regard — Environment (Protection) Act, 1986 — Constitution of
India, Arts 21 and 226 — Public interest litigation — Corporate law — Corporate Social
Responsibility (CSR)
Issuing directions, the High Court of Delhi,
Held :
The serious deterioration of air quality in the Capital and the National Capital Region (NCR) is a
matter of grave public concern and the steps taken to improve air quality by various agencies, the
subject matter of continuous oversight by the Court in public interest litigation. During the course of
these proceedings it is established that one contributory major component to air pollution in Delhi
during the months of October and March each year is the burning of agricultural waste, including plant
residue/stubble while harvesting the Kharif and Rabi crops. Every ton of dry residue burnt generates
0.747 kg of PM 10 and 0.672 kg of PM 2.5 particulates which are disbursed in the air. 14 million tons
of paddy straw is burnt in the state of Punjab alone. The other States provided relative figures
separately. The emission of particulate matter from stubble burning is beyond any acceptable human
endurance, or danger levels. The figures regarding particulate matter emissions for Haryana are
equally large. Given that Kharif crop is to be harvested, there is strong likelihood that the burning of
agricultural residue will be resorted to, in this season as well. The effects of such practice can again be
traumatic for most people and catastrophic for some.
(Paras 6)
In order to prevent and minimize burning of agriculture waste, it is directed as follows: (1) All the
States shall implement the respective notifications and directions issued by them under the Air
Pollution Act banning the burning of crop residue/paddy straw strictly, in letter and in spirit. (2)
Reports of the prosecutions launched/implementations for preventing burning of agricultural waste
will be filed in the Court every week w.e.f. 1-10-2017. (3) The State Governments are to issue
directions/orders to all the companies/plants including biomass plants, cement plants and power
generation plants and public undertakings involved in the manufacturing of boards and rough paper,
to discharge their corporate social responsibility by collecting the crop residue from the fields of
farmers by providing them with money as consideration for lifting the agricultural residue. The
implementation of the directions/order would not entail any cost or financial dependence of the
States on the Central Government to prevent stubble burning and consequential severe air pollution.
(4) The authorities of each State will strictly implement the Graded Response Action Plan issued
under the Notification dated 12-1-2017. (5) The Ministry of Environment, Forest and Climate Change
will obtain weekly reports from the Special Committees established by each of these States on the
steps taken in the concerned States to prevent burning of agricultural waste/stubble. (6) The Union
of India will monitor the sites where agricultural waste is found to have been burnt by satellite
tracking for monitoring/study of weather, i.e. update Satellite Imagery in terms of inputs from the
Centre/Government/MoEF and Climate change. (7) It has been mentioned that in Punjab, specifically
the District Collector, Sangrur; District Collector, Patiala; District Collector, Karnal; Chief Secretary,
Punjab; Chief Secretary, NCT of Delhi; District Collector, Muzaffarnagar; Managing Director, NTPC;
Secretary (S&T) and Joint Secretary (MoNRE) will share their inputs and experiences on biomass
management in their respective districts and sectors. (8) This initiative which is being followed in
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these districts can be immediately replicated in other districts in the other States. (9) The states
concerned, especially those having locales where smog formation is most likely, are to inform
members of the public, the protective measures to be taken by them to safeguard their health.
These measures include, but are not confined to weather, smog/smoke forecasts, wherever
particulate matter is likely to concentrate highest, any day, or during any part of any day, to appraise
the populace and general public through electronic mass media appeals and broadcasts, the other
preventive measures to be taken, such as availability of gas masks, etc., when the concentration
levels are alarmingly high, making available such protective gear, in advance to those public personnel
who are likely to be vulnerable, such as police, watch and ward staff, workers exposed to the
elements, etc. These preventive measures are to be given effect to forthwith. All the States, the
Govt. of NCT of Delhi and the Union of India, shall file brief affidavits disclosing the measures taken to
comply with the above order, before the next date of hearing.
(Paras 6 to 8)
The GNCTD; Ministry of Environment, Forest and Climate Change; local bodies of Delhi —
SDMC/NDMC/EDMC/NDMC/DCB and the National Thermal Power Corporation (NTPC) shall file the
latest status report through separate affidavits with respect to the latest position, having regard to
the previous orders, with respect to the enhancement of capacity of waste-to-energy power plants;
the provision for fresh site to accommodate waste disposal through landfills etc. and the steps taken
so far with respect to solid waste management and disposal.
(Para 9)
ORDER
1. The serious deterioration of air quality in the Capital and the National Capital
Region (NCR) is a matter of grave public concern and the steps taken to improve air
quality by various agencies, the subject matter of continuous oversight by this Court
in this public interest litigation. During the course of these proceedings it is
established that one contributory major component to air pollution in Delhi during the
months of October and March each year is the burning of agricultural waste, including
plant residue/stubble while harvesting the Kharif and Rabi crops (“stubble burning”).
The statistics made available and presented by the Pollution Control Board reveals that
every ton of dry residue burnt generates 0.747 kg of PM 10 and 0.672 kg of PM 2.5
particulates of which are disbursed in the air.
2. The affidavits filed by the States, disclose that14 million tons of paddy straw is
burnt in the state of Punjab alone. The other States provided relative figures
separately. The emission of particulate matter from this stubble burning is beyond any
acceptable human endurance, or ‘danger’ levels. The figures regarding particulate
matter emissions for Haryana are equally large.
3. With a view to ensure elimination of the practice ofstubble-burning, this Court
had called upon the NCR States and the State of Punjab to furnish information
relevant to this issue on affidavits. The States and the Union of India have since filed
their respective affidavits. The steps taken, briefly are summarized below:
a) Notifications under the Air (Prevention and Control of Pollution) Act, 1981 were
issued by the individual State banning the burning of agricultural waste-Punjab
notification dated 22.10.2013, Haryana notification dated 16.09.2003 etc.
b) The States have set up Special Committees to prevent, monitor and control the
burning of agricultural residue. District Collectors have been empowered to
initiate proceedings-including penal proceedings against defaulters.
c) The States, notably Rajasthan are in the process of setting up remote sensing
systems to locate sites where such residue is burnt.
d) In November, 2014, the Government of India formulated the National Policy for
Management of Crop Residue, 2014. On August, 2017, a draft Action Plan for
Biomass Management was prepared by the MoEF in consultation with the
Confederation of Indian Industry and the NitiAayog. The Union MoEF has formed
a Committee on 17.08.2017.
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4. This Court, on 18.07.2017, by its order issued the following directions to the
concerned States and Union:
“10. The Court hereby requires the Union Secretaries, Ministry of Environment,
Forest and Climate Change; Science and Technology and of Agriculture & Farmer's
Welfare to explore the possibility of creating a fund for innovation in farming
techniques in co-ordination with such educational or technical institutions (IITs,
etc) as are feasible (and practicable) in this regard, to innovate and develop the
most environment friendly practices, which are also energy efficient and suited to
use by farmers. The three Secretaries shall hold a meeting in this regard within
three weeks. The Central Government may, if necessary, create a fund and a Task
Force comprised of appropriate personnel in this regard. A report of the meeting
and proposals discussed indicating the way forward and the views of the Central
Government in this regard, shall be filed along with an affidavit [enclosing minutes
of the meeting (s)] a week before the next date of hearing.”
5. The Court had, on 18 September, 2017, heard the parties. The State of
Rajasthan had indicated in its affidavit that extensive farmer education and training
programmes and sessions had been undertaken to sensitize against the ills of farm
residue burning and that it had mooted a proposal for a pilot project with the Central
Government, to track such incidents through remote sensing. That proposal appears to
be pending consideration. The Union's counsel had indicated that a committee on the
lines suggested by the court had been constituted which had met and discussed the
issue.
6. Considering the facts on record and the submission of the parties, and given that
the Kharif crop is to be harvested, there is strong likelihood that the burning of
agricultural residue will be resorted to, inthis season as well. The effects of such
practice can again be traumatic for most people and catastrophic for some.
7. In order to prevent and minimize burning of agriculture waste, it is directed as
follows:
1) All the States shall implement the respective notifications and directions issued
by them under the Air Pollution Act banning the burning of crop residue/paddy
straw strictly, in letter and in spirit.
2) Reports of the prosecutions launched/implementations for preventing burning of
agricultural waste will be filed in this Court every week w.e.f. 01.10.2017.
3) The State Governments are to issue directions/orders to all the companies/plants
including biomass plants, cement plants and power generation plants and public
undertakings involved in the manufacturing of boards and rough paper, to
discharge their corporate social responsibility by collecting the crop residue from
the fields of farmers by providing them with money as consideration for lifting
the agricultural residue. The implementation of the aforesaid directions/order
would not entail any cost or financial dependence of the States on the Central
Government to prevent stubble burning and consequential severe air pollution.
4) The authorities of each State will strictly implement the Graded Response Action
Plan issued under the Notification dated 12.01.2017.
5) The Ministry of Environment, Forest and Climate Change will obtain weekly
reports from the Special Committees established by each of these States on the
steps taken in the concerned States to prevent burning of agricultural
waste/stubble.
6) The Union of India will monitor the sites where agricultural waste is found to
have been burnt by satellite tracking for monitoring/study of weather, i.e. update
Satellite Imagery in terms of inputs from the Centre/Government/MoEF and
Climate change.
7) It has been mentioned that in Punjab-specifically the District Collector, Sagrur;
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District Collector, Patiala; District Collector, Karnal; Chief Secretary, Punjab;

Chief Secretary, NCT of Delhi; District Collector, Muzaffarnagar; Managing
Director, NTPC; Secretary (S&T) and Joint Secretary (MoNRE) will share their
inputs and experiences on biomass management in their respective districts and
sectors.
8) This initiative which is being followed in these districts can be immediately
replicated in other districts in the other States.
9) The states concerned, especially those having locales where smog formation is
most likely, are to inform members of the public, the protective measures to be
taken by them to safeguard their health. These measures include, but are not
confined to weather, smog/smoke forecasts, wherever particulate matter is likely
to concentrate highest, any day, or during any part of any day, to appraise the
populace and general public through electronic mass media appeals and
broadcasts, the other preventive measures to be taken, such as availability of
gas masks, etc, when the concentration levels are alarmingly high, making
available such protective gear, in advance to those public personnel who are
likely to be vulnerable, such as police, watch and ward staff, workers exposed to
the elements, etc.
8. These preventive measures are to be given effect to forthwith. All the States, the
Govt. of NCT of Delhi and the Union of India, shall file brief affidavits disclosing the
measures taken to comply with the above order, before the next date of hearing.
9. The GNCTD; Ministry of Environment, Forest and Climate Change; local bodies of
Delhi-SDMC/NDMC/EDMC/NDMC/DCB and the National Thermal Power Corporation
(NTPC) shall file the latest status report through separate affidavits with respect to the
latest position, having regard to the previous orders, with respect to the enhancement
of capacity of waste-to-energy power plants; the provision for fresh site to
accommodate waste disposal through landfills etc. and the steps taken so far with
respect to solid waste management and disposal.
10. List the cases for further directions on 16th October, 2017.
11. Order dasti to the learned counsel for the parties under the signatures of the
Court Master.
———
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