"Bureaucracy has gone into an inertia, expects directions from us on everything": CJI Ramana while hearing Delhi pollution matter

The Chief Justice of India N.V. Ramana today orally observed that the bureaucracy has gone into inertia and that they expect the court to give them everything in writing.

The bench also consisting of Justices Chandrachud and Surya Kant was hearing a public interest litigation pertaining to air pollution in Delhi.

When the hearing for the matter commenced, Tushar Mehta, Solicitor General of India, read out key aspects from the affidavit filed by the central government in this case on 16th November. He explained to the court that closing central government officer in Delhi will have all India ramifications and that Department of Personnel Training (DoPT) has advised the staff to use vehicle pooling to ensure the vehicles plying on the road reduces substantially.

Dr. Abhishek Manu Singhvi, Senior Advocate, appearing for the Delhi government addressed the court on stubble burning and its contribution to Delhi pollution. The CJI intervened and told Singhvi that every media outlet have their own statistics. Singhvi however clarified that the statistics he is quoting from was by System of Air and Weather Forecasting And Research (SAFAR)

The CJI informed Singhvi that everything needs to be considered under the given circumstances and the court doesn’t intend on penalising the farmers. He further clarified that the issue of stubble burning has already been taken up by the court and advised that it be not raised again.

Singhvi submitted that the Delhi government has commissioned a study to ascertain the source based break up of air pollution and that the study by IIT-Kanpur is underway. He further suggested that a PUSA equipment maybe used to clear the stubble. Justice Surya Kant at this point remarked that the governments are not considering the plight of the farmers and that people sitting in Delhi keep accusing the farmers in rural areas. He further remarked that very few farmers would be able to purchase the equipment given their land holding.

Singhvi informed the court that the government on the request of Municipalities has sanctioned the purchase of 15 pieces of sweeping machines. Upon the court not being satisfied with this, he told the court that the government was ready to sanction as many equipments as the corporation wants. The CJI questioned Singhvi if he is saying that the affidavit filed by the government is enough to curb pollution from other sources. Singhvi answered in the negative.

Singhvi however informed the court that the Delhi government has done whatever is within its power to control air pollution and that it is the only State to impose 100% work from home.  He told the court that as far as curtailing vehicular pollution goes, the Delhi government has a limited role since vehicles come to the city from other States as well. Justice Chandrachud asked Singhvi if the State can increase the number of CNG busses to enable people to use public transport. Singhvi submitted that since this requires calling for a tender, the State may not be able to do it right away.

Counsel appearing for Punjab submitted that they have filed a compliance affidavit as per the order of the court. He further submitted that the number of fires have decreased when compared to last year and that the government of Punjab has procured 10,000 machines to effectively dispose the stubble. The Court questioned him as to how the farmers are paying for the machines. The counsel submitted that the Central government bears 80% of the cost while the State bears 20%. The counsel further submitted that the government has been sensitising farmers on the ill effects of stubble burning as a result of which the burnt area has come down.

Vikas Singh, Senior Advocate, appearing for the petitioner submitted that there is no agenda behind filing this petition and that the problem with Delhi is that they lack in enforcing the rules. He further submitted that the commission isn’t taking active steps to prevent pollution and the problem should be addressed today so that the pollution decreases next year. He submitted that the court hearing the issue of air pollution in Delhi should not become a yearly exercise. Singh urged the court to pass directions today so as to reduce pollution in the next year.

Upon Singh completing his submissions, SG requested the court not to pass any directions today as the Metrological Department has predicted that the weather conditions will change as an effect of which the pollution may decrease.

As regards to permitting Central Government officials for work from home, the SG submitted that the functioning of these offices will have all India ramifications and that the officials have been advised to vehicle pool. Justice Surya Kant clarified that the court does not want the offices to be shut, however they are suggesting that a bus be arranged for these officials so that the number of vehicles on the road will reduce.

The CJI after agreeing to adjourn the matter remarked that this case is taking longer because of the executive and that he has observed being a judge as well as being an Advocate General that the bureaucracy has gone into an inertia and that they expect the court to give direction on every aspect.

A 17 year old college student Aditya Dubey had in 2020 filed a Public Interest Litigation regarding alarming levels of air pollution in Delhi. The case was listed today in view of an application filed by the petitioners asking the court to pass appropriate orders in the light of excessive levels of air pollution in Delhi at present.

The matter will now be heard on 24th November.

Case title: Aditya Dubey Vs Union of India