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Synopsis

The Delhi High Court was apprised on Thursday that the Supreme Court has issued directives to the states of Delhi, Punjab, Haryana, Uttar Pradesh, and Rajasthan, mandating the submission of affidavits outlining the measures taken to mitigate air pollution.

This development followed the Supreme Court's observation that efforts to curb air pollution in the national capital were not manifesting effectively.

The update was presented before a division bench consisting of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela, who were dealing with a suo motu petition initiated by the high court in 2015 concerning the deteriorating air quality in Delhi.

Counsel appearing in the matter informed the bench that a similar plea filed in the top court, titled "M. C. Mehta v. Union of India & Ors." (originating in 1985), was scheduled for November 7. Consequently,  the counsels requested an adjournment for the high court's suo motu case.

Accordingly, the high court listed the suo motu plea for January 11, 2024.

In the last hearing, the high court had sought explanations from the Delhi government, the Municipal Council of Delhi (MCD), and the Delhi Development Authority (DDA) concerning the alleged permissions granted for new constructions in the Southern Ridge Forest.

Notably, on Tuesday, a three-judge bench of the Supreme Court, led by Justice S. K. Kaul, granted the states a one-week timeframe to submit their responses.

The Supreme Court bench, which also included Justices Sudhanshu Dhulia and P. K. Mishra, made this decision after the Commission for Air Quality Management in the National Capital Region and Adjoining Areas presented a status report.

The report indicated that stubble burning in neighboring states, a significant contributor to air pollution in Delhi, had decreased.

The report disclosed a reduction in paddy stubble burning events during the period between September 15 and October 24 for the years 2022 and 2023, showing a decrease of approximately 58.9 percent in Punjab and approximately 40.2 percent in Haryana.

Despite these improvements, the Supreme Court expressed its concern that air pollution remains a persistent issue.

Justice Kaul remarked that the ground reality did not seem to align with the statistics, and he noted that air quality continued to deteriorate year after year.

Consequently, the Supreme Court called upon the states of Punjab, Haryana, Uttar Pradesh, Rajasthan, and Delhi to submit their affidavits within one week.

Case Title: Court on its own motion (Air Pollution) v. Union of India & Ors.