[Air Pollution] Supreme Court directs states to give explanation on non-compliance of orders

The Supreme Court on Monday has directed the Uttar Pradesh, Punjab, Haryana and Delhi state governments to give explanations over the non-compliance of directions issued for limiting air pollution, as informed by the Central Government in its affidavit.

A bench of the Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant said, "The present level of pollution is 419, this is going on day by day, second is of the virus, how should we deal with it?"

The bench was hearing a petition filed by a 17- year-old college student Aditya Dubey, regarding alarming levels of air pollution in Delhi.

The case was listed today in view of an affidavit filed by the Central government listing compliance and non-compliance of the directions of the "Commission for Air Quality Management in National Capital Region and Adjoining Areas" (the Commission) and the Central Pollution Control Board (CPCB) issued in this regard.

Senior Advocate Vikas Singh appearing for the petitioner submitted that while construction work has been banned, work on the Central Vista Project is going on in full swing, to which Solicitor General (SG) Tushar Mehta replied that the Court may allow the parties to argue on merits.

"We are complying with the directions," Mehta added.

Mehta further said that in case there is compliance with the orders, there will be no pollution.

In addition to this, over the issue of states complying with the directions, Mehta said that "We have sent orders many times over this, we are ignoring criminal proceedings. We conducted surprise visits, Milords, and many Diesel Generator (DG) sets were found operational."

"Your focus is non-compliances, and construction activities are major. These are all the things, tell us who all are not complying, then we'll ask the states to answer, and direct them," the bench stated.

It added that implementing fine of Rs.1000 or people to jail for 1 day, is not going to work and asked the government to explore options. 

The bench further noted, "You are saying that the Commission is working and orders were being given and compliances have not been done, so we'll ask the states to explain why it (non-compliance) is being done."

It also pointed out that in Delhi while for some factors the state is responsible, for some other areas the responsibility lies with the Centre - which is also a problem.

In addition to this, the States have sought time to place on record the compliance over the issue of arrangements for livelihood of the workers.

Cause Title : Aditya Dubey Vs Union of India