Supreme Court seeks Punjab, Haryana, UP and Rajasthan's response on steps taken to fill vacant posts in Pollution Control Boards

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Synopsis

Court has said that it would examine in detail the issue regarding prevention and control of stubble burning/farm fires on the next date after going through the statutory directions issued recently by the Commission for Air Quality Management

The Supreme Court of India on Monday sought the response of the states of Delhi, Haryana, Rajasthan and Uttar Pradesh on the steps taken for filling in the vacant posts at their Statutory Pollution Control Boards.

"We direct the aforesaid four States to respond immediately by filing an affidavit setting out the number of vacant posts, as of today, and the steps taken for filling in the vacant posts...Needful shall be done by the States within two months from today. Only for considering this aspect, the petition shall be listed on 10th July, 2024", a bench of Justices AS Oka and Ujjal Bhuyan has ordered.

Court also considered the report submitted by the Commission for Air Quality Management (CAQM) in National Capital region and adjoining areas.

As per the report though the average daily generation of Municipal Solid Waste (MSW) in Delhi is around 11,000 tonnes, the capacity of the present waste processing plants is only to the extent of about 8,000 tonnes per day.

"Therefore, in the capital city, every day, 3,000 tonnes of MSW is generated which cannot be processed. Obviously, that is adding to the pollution. The Solid Waste Management Rules, 2016 (the 2016 Rules) are in place for the last eight years. Even in the capital city, sadly, there is non-compliance with the 2016 Rules. For dealing with this important issue, notices will have to be issued to the concerned parties...", the bench observed.

The bench went on to issue notice to the New Delhi Municipal Corporation and Cantonment Board, Delhi making it returnable on 13th May, 2024.

Before the next date, the concerned authorities of the Government of India and the State Government shall call a meeting of officials of the three authorities and all other concerned authorities which are responsible for implementation of the 2016 Rules, the order adds.

Court has further highlighted a few issues one of them being that some authority must verify whether all construction sites involved in construction and demolition (C&D) activities have been registered on respective web portals.

"There are number of non-compliant C&D activities site. However, action of closure appears to have been initiated only against selected few. Dust pollution is created by C&D activities and therefore, stricter action is required against the non-compliant C&D sites...", the order states further.

Case Title: MC Mehta vs. Union of India and Ors.