Delhi Air Pollution case [LIVE UPDATES from Supreme Court]

A special bench of the Supreme Court will continue hearing the petition by 17-year-old Delhi student Aditya Dubey concerning rising levels of air pollution in Delhi.During the previous hearing, the Court called for a thorough statistical and scientific study as well as a graded response to combat the problem.The top court also said that the toxic level of pollution in the national capital was painting a negative picture of the country to the world.A Bench of Chief Justice of India NV Ramana and Justices DY Chandrachud and Surya Kant will hear the plea.Live updates from the hearing below..Senior Advocate Vikas Singh: There was a construction ban. But central vista construction is on full swing right under the nose of the Supreme Court..Solicitor General Tushar Mehta: We have placed an affidavit today.CJI Ramana: If you place a bunch of papers in the morning, how do we go through it? Petitioners don't want us to go through replies, it seems you too want the same.Solicitor General: I am sure this is in lighter vein. We worked till 2 AM and submitted..Solicitor General reads the affidavit: We started much in advance. But several directions are issued by the commission which are mandatory in nature and needs compliance. We have earmarked the steps which needs to be brought to notice of this court..CJI Ramana: Today the AQI is 419 Solicitor General: When I checked it was 405.. CJI Ramana: There is another problem of virus, how do we deal with it?Solicitor General: We can deal with virus separately..Justice Chandrachud discusses with CJI Ramana..CJI Ramana: Any directions not complied with states? Any chart on this? Solicitor General: Please see the affidavit...Justice Surya Kant: Have you directed the states? Solicitor General: Non-compliance of directions under the Act leads to criminal prosecution. We have asked them to report compliance and its reported in bits and pieces..Solicitor General: Status of industries in Delhi NCR running on fuel other than PNG is available. Status on DG set... We conducted surprise checks and it was found being used by malls etc. as a normal power method..Solicitor General: Regarding CNG waste management rules are needed to be formulated.CJI Ramana: Show us from the affidavit which states have not complied with it, we can ask them to comply and issue directions. What is the commission doing apart from simply forwarding our orders to states?.Solicitor General: We had issued these directions much in advance on our own, so that we don't reach this situation..Solicitor General: I am not apportioning blames and I am saying the same thing about Delhi, Haryana, Punjab etc.Judges discuss..CJI Ramana: Regarding non-compliance of directions... We can only ask each state to comply by day after tomorrow and take this up then. If its not complied, then we have to appoint an independent task force..Solicitor General: We have asked them to comply since several months and we have not taken criminal measures.Supreme Court: The only issue is to implement the directions and there is no use by imprisoning someone or charging someone. If its not happening we can order an independent task force..Solicitor General: Gap between compliance and non-compliance needs to be bridged. We have now personally visiting for compliance.CJI Ramana: Yes, all intentions are good and directions are given but the implementation is zero..Justice Kant: There is some inconsistency in directions also. It says dust is a major source of air pollution and then you ask to construct a dust management cell, but construction is also not allowed..Solicitor General: Under graded action plan, construction is not permitted, except allowed interior works.Justice Kant: There is no direction to stop construction in adjoining areas concerned like NCR.Solicitor General: I have the officer here. it applies to all..CJI Ramana: Mr. Mehta, now there is no use of repeatedly looking into directions etc. We summarise your argument and it is that commission is working from June onwards and issuing directions but States have partly complied with it. So, unless compliance nothing can be done.So, we will ask state governments what to do. We have to also see on next date what compliance have been done or not done..Solicitor General: I said they may have complied with it and not informed us..Sr. Adv. Vikas Singh: Larger projects of construction contribute to more pollution. Central Vista cannot be more important that the rising levels of air pollution. I can play videos, how dust is coming up from the Central Vista. It cannot be more important than Supreme Court orders..CJI Ramana: We are struggling how to control air pollution, whether its Central Vista or anything else. Don't think we don't know anything, we also know and Solicitor General Mehta also has to reply. Don't flag certain issues to divert attention. Mr. Mehta will have to reply on this..Dr. AM Singhvi for Delhi Government: We should be allowed to file a reply. In this reply, you will see their is 90% compliance by us. For construction workers we have already sanctioned it. Justice Chandrachud: Yes, we read in newspapers Solicitor General: This is just trumpet blowing..Dr. Singhvi: We have disbursed 147 crores for construction workers like 5000 for 3 lakh workers. 5000 CNG buses have been provided to the workers to travel to central Delhi..CJI Ramana: Centre has found out some areas where there has been half compliance by Delhi concerning DG sets etc.Dr. Singhvi: We will file a complete affidavit. Statements are alarmingly false..Uttar Pradesh Additional Advocate General: We have complied.. CJI Ramana: Don't treat us as a Post Office. Please file the affidavit..Senior Advocate Deepinder Singh Patwalia: All states want the stubbles, but there is substantial transportation cost. This needs to be looked at.Solicitor General: I had a detailed discussion with the environmental minister and the stubble burning is not of concern now. We are working out something..Advocate Shyel Trehan: There are no steps from UP, Haryana, Punjab on construction worker's fund.Uttar Pradesh AAG: I have asked the State on what is contribution from cess fund, we will give details.Sr. Adv. Singh: All big projects have to be stopped..CJI Ramana: Centre informs that long and short term measures have been proposed. Affidavit says directions were partly complied with..CJI Ramana: We want to give an opportunity to State Governments and counsels to comply with the direction. They are directed to forthwith comply and file reply before Wednesday evening..CJI Ramana: Mr. Singh has raised issues on construction and Mr. Mehta also has to reply on this issue by Wednesday.

Delhi Air Pollution case [LIVE UPDATES from Supreme Court]

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