CAQM 'needs to be more active' to control pollution: Supreme Court

New Delhi: The Supreme Court on Friday said that the Commission for Air Quality Management (CAQM) “needs to be more active” to combat the menace of air pollution in the national capital and adjoining areas.

A bench presided over by Justice Abhay S Oka observed that though it cannot be said that CAQM has not taken any action, “the Commission has not performed the way it was expected to perform considering the object for which it was set up.”

“We are of the view that though the Commission has taken certain steps, the Commission needs to be more active. The Commission must ensure that its efforts and directions issued actually translate into reducing the problem of pollution,” said the Bench, also comprising Justice AG Masih.

It stressed that “some efforts” need to be taken to ensure that equipment (providing an alternative to stubble burning) is used at grassroots level.

“The Commission must immediately take action to ensure that the equipment provided at the cost of the Central government to avoid stubble burning are actually used by the farmers,” the apex court said.

It noted that though the “Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021” has been in existence for more than three years now, hardly 85-87 directions have been issued so far by the CAQM.

“No action has been taken even after finding that directions have not been implemented, possibly action could be taken under Section 14 of the 2021 Act,” the top court added.

The SC expressed surprise at the CAQM chairperson’s submission that the sub-committees formed under the 2021 Act were holding a meeting every three months.

“The sub-committee on monitoring and identification and sub-committee on safeguarding and enforcement have been assigned important tasks. We wonder how they are performing those tasks by meeting only once every three months!” it said.

Posting the matter for hearing on October 3, the apex court asked the CAQM to place on record the details of meetings held and decisions taken therein.

The SC told Additional Advocate General (ASG) Aishwarya Bhati, representing the CAQM, that the apex court will exercise its power under Article 142 of the Constitution to include senior officers in CAQM.

“If you want any senior official or expert to be included in the Commission, we will exercise power under Article 142. If you want any senior IPS officer or any other expert, we will issue a direction. Framing of rules and regulations may take a long time,” it said.

On Tuesday, the top court called for a report from CAQM on steps being taken to curb stubble burning to combat air pollution in Delhi and adjoining states.

The CAQM was set up in 2020 for air quality management in the National Capital Region (NCR) and adjoining areas for better coordination, research, identification, and resolution of problems surrounding the air quality index.

Every year, Delhi and the entire NCR have to bear the brunt of air pollution from October to December mainly due to crop residue burnings.

On Wednesday, the Delhi government announced a comprehensive 21-point winter action plan to tackle pollution in the national capital.

Delhi’s Environment Minister said that last year's 14-point plan has been expanded to a broader 21-point strategy to combat the menace of air pollution, including emergency measures such as drone monitoring, anti-dust campaigns, road-sweeping machines, etc.

The Minister claimed that incidents of stubble burning have reduced by 50 per cent in Punjab since the AAP government took office, following discussions with Punjab Chief Minister Bhagwant Mann.