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"Even the basic data such as generation of solid waste every day is not placed on record," the bench said today
While expressing concerns over non-compliance, the Supreme Court of India today directed the Chief Secretary of the Delhi government to remain present via video conferencing (VC) on December 19.
A bench of Justices Abhay S. Oka and Justice Manmohan, while passing the said orders, observed, “If an affidavit reporting compliance with the order dated November 11, 2024, is not filed, the court will initiate action under the Contempt of Courts Act against the officials concerned of the Delhi Government.”
During today’s hearing, Senior Advocate Aprajita Singh, appearing as Amicus Curiae in the case, deemed it shocking that the Chief Secretary had been unable to compile all the data in one month.
Addressing the issue of the implementation of the Solid Waste Management Rules 2016 by the Greater Noida Development Authority, the court directed the authority to file a further affidavit reporting the steps taken on or before January 31, 2025.
“We make it clear that this court is dealing with all issues concerning the implementation of the Solid Waste Management Rules 2016 by the Greater Noida Industrial Development Authority. We request the National Green Tribunal not to deal with the said issue for the time being,” it added.
According to the order dated November 11, 2024, the court had directed the Delhi government to provide data regarding the daily generation of solid waste while dealing with MC Mehta case pertaining to Pollution in Delhi NCR On December 5, the Supreme Court had allowed the relaxation of Graded Response Action Plan (GRAP) Stage IV measures to GRAP Stage II. The court had also directed CAQM to incorporate certain additional measures from Stage III.
During the last hearing, the Supreme Court had reiterated that Graded Response Action Plan (GRAP) IV will remain in effect in the Delhi NCR region until a consistent downward trend in the AQI is observed. ASG Aishwarya Bhati brought the court's attention to the 'downward trend in AQI levels'. Aligning with the said view, Amicus Senior Advocate Aparajita Singh also called for GRAP 4 relaxation while pressing for the need for implementation of measures.
On Monday, the Supreme Court pulled up the Delhi government for its inadequate implementation of GRAP IV measures. It further highlighted that the CAQM had outlined mitigating measures and decided to implement them. Accordingly, the court directed the commission to communicate these measures to all concerned authorities and to coordinate efforts to ensure their smooth implementation.
Earlier, the Supreme Court had made it clear that all GRAP-4 measures, except for the measures modified with respect to schools, will continue to operate until Monday. The court went through the compliance report submitted by the commission and remarked, "Hardly anything was done by the police. Complete failure." The court also highlighted that the authorities failed to stop the entry of trucks in the NCR region.
As the bench expressed dissatisfaction over the failure of authorities to implement GRAP 4 measures, it accordingly directed the CAQM to hold a meeting and provide suggestions regarding the transition from GRAP 4 to GRAP 3 or GRAP 2, adding that it is not necessary for all measures in GRAP 4 to be dispensed with. The court said there can be a combination of measures from GRAP 3 and GRAP 4.
Earlier it had refused to relax the Graded Response Action Plan (GRAP)-IV measures put in place to curb the worsening air quality. However, the court had directed the CAQM to reassess the restrictions placed on physical classes of schools, colleges, and educational institutions, which were suspended last week.
On 23 November, the Supreme Court had appointed 13 members of the Bar as court commissioners to visit the truck entry points and verify whether it was being enforced properly.
A week back, the Supreme Court had issued a circular advising all to ensure the wearing of masks and taking health measures as the air quality is worsening in the Delhi NCR region. Recently, the Supreme Court had directed all governments in the NCR region to strictly implement Stage 4 of the Graded Response Action Plan (GRAP).
While emphasising that the GRAP 4 will remain in force even if AQI drops below 400, the same bench had observed, "The learned amicus stated that AQI crossed 400 on 12 November. Instead of immediately invoking Stage 3, the Commission directed its implementation from 14 November. The same is the case with stage 4 which was implemented on November 17."
On 11 November, the court had expressed surprise over the delay in imposing the firecracker ban, noting that 'no religion promotes any activity that contributes to pollution or compromises the health of people."
The Supreme Court had while taking note of rampant stubble burning, upheld the right to a pollution-free environment while observing that 'stubble burning is not merely a violation of law but an infringement of the fundamental rights guaranteed under Article 21 of the Constitution.'
In November last year, the Supreme Court had pulled up the governments of Punjab, Rajasthan, Haryana, and UP, asking them to immediately stop stubble burning.
In reference to the worsening of the condition in Delhi NCR, the Supreme Court had remarked that a huge number of taxis were found on Delhi roads, with only one passenger onboard.
Case Title: MC Mehta vs. Union of India
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