Environmental Law:
Pollution – In hot spots in Delhi and NCR Regions – Supreme Court while deciding earlier Interlocutory Applications, directed Ministry of Environment, forest and Climate Change, Government of India to submit status report – Report No. 106 filed by Environmental Pollution (Prevention and Control) Authority (EPCA) – In order dated 4.11.2019, the Court noted that there is blatant violation of Article 21 of the Constitution, by serious kind of pollution by stubble burning, construction and demolition activities, open dumping of waste/garbage, unpaved roads/ pits, road dust, garbage burning and traffic congestion – Various hot-spots in Delhi and NCR regions were identified – The Court issued directions to the States of Rajasthan, Punjab, Haryana and NCT of Delhi and to Panchayats and concerned administrative Authorities to prevent stubble burning – The Court also restrained demolition and construction activities for the time being – Directions were issued to be taken care of by EPCA – By order dated 29.1.2018 the Court directed constitution of High Level Task Force – The Court further directed Central Government to work in collaboration and consultation with various State Governments to stop the problem of stubble burning – The problem of garbage disposal and waste management was also addressed by the Court – The Court by order dated 13.11.2019 directed the Central Government and Government of NCT of Delhi to consider installation of smog towers – The Court by order dated 25.11.2019 directed to use new technology for controlling the pollution – Ministry of Environment, forest and Climatic Change filed Status Report regarding Smog Towers, Anti Smog Guns, Oxy Furnace, Nano technology, Chemical Methods, Monitoring Technologies (i.e. Wireless Sensor Networks, Laser Methods and Spectroscopic Monitoring Techniques) – The States of Punjab, Haryana and Uttar Pradesh filed affidavits regarding the steps taken by them to control the pollution – Directions issued: To place on record the decision taken by High Level Committee – To prepare comprehensive plan to prevent stubble burning – States and Central Government to prepare a scheme for making available implement to small and marginal farmers – Governments of NCT of Delhi, haryana and Uttar Pradesh to file reports with respect to various identified hot-spots and steps taken to clear the environmental hazards created by such hotspots – To complete installation of smog tower at Cannaught Place and to install smog tower at Anand Vihar – To use Anti-smog Guns in Delhi and NCR region – States of NCT of Delhi, Uttar Pradesh, Haryana and Rajasthan to identify dumped waste of plastic, industrial and other wastes and ensure its removal on time bound basis – Pollution Control Board to monitor industries to ensure that they comply with the norms and standards of PM/NOx/SOx – States concerned to take penal action against developers for flouting norms regarding construction/ demolition and to file status report regarding the same and also regarding compliance of road construction norms – The concerned States to make comprehensive plan for waste management – In the areas where problems have been pointed out by EPCA, the Authorities concerned, of those areas to ensure that remedial measures are taken – DST to consider proposal for installation of oxy furnace in glass industries – To work out for ‘Chemical Test Methods’ and ‘Wireless Sensors network Technology’ – Government of NCT of Delhi to make comprehensive plan to have full capacity to deal with garbage and wastes – Pollution control Board to place before Court the action taken to check vehicles plying on kerosene – Pollution Control Board also to submit report regarding water quality supplied in Delhi – Various State Governments directed to inform the Court about the measures taken in respect of pouring of sevage and untreated industrial effluents in various rivers – Governments of NCT of Delhi, Haryana, Punjab and U.P. to show cause as to why they should not be saddled with compensation for failure to prevent stubble burning and other pollutions – The States concerned also to make plan to solve the problem of traffic congestion.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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