[Delhi Air Pollution] Intentions of governments good but implementation zero: Supreme Court

The Supreme Court on Monday said that it might have to set up an independent task force to ensure that directions issued by it and the Central government to curb air pollution are implemented by the concerned States on the ground (Aditya Dubey v. Union of India)..A Bench of Chief Justice of India NV Ramana and Justices DY Chandrachud and Surya Kant observed that while the intentions of the Central government in issuing various directions to the States of Punjab, Haryana, Delhi and Uttar Pradesh and the Union Territory of Delhi might be good, the implementation of the same has been "zero"."All intentions are good and directions are given but the implementation is zero. The only issue is to implement the directions and there is no use by imprisoning someone or charging someone. If it (implementation) is not happening, we can order an independent task force," the Court remarked..The Court's remarks came in response to the Solicitor General Tushar Mehta's submission highlighting non-compliance with the Centre's directions to reduce pollution."We had issued these directions much in advance on our own so that we don't reach this situation. We have asked them to comply since several months and we have not taken criminal measures. Gap between compliance and non-compliance needs to be bridged. we have now personally visiting for compliance," Mehta submitted on behalf of Centre."I am not apportioning blames and I am saying the same thing about Delhi, Haryana, Punjab etc," he maintained..The top court eventually adjourned the matter while asking States to file affidavit reporting compliance."We want to give an opportunity to State government and counsel to comply with the directions. They are directed to forthwith comply and file reply before Wednesday evening," the Court directed.The Central government's Commission for for Air Quality Management in National Capital Region and Adjoining Areas, had issued a slew of directions earlier this month to improve air quality in Delhi and surrounding areas.It included directions to industries to run on gas, closure of thermal power plants within 300 km radius of Delhi, ban on entry of trucks except those carrying essential goods, ban on diesel generators etc..Senior Advocate Dr. AM Singhvi representing the Delhi government submitted that 90 percent of the directions issued by Centre have been complied with. "We should be allowed to file a reply. In this reply you will see their is 90 percent compliance by us," he said.Dr. Singhvi also highlighted the measures taken by Delhi government to alleviate the issues faced by construction workers etc who have been affected by various measures including construction ban."We have disbursed ₹147 crores for construction workers. 5,000 CNG buses have bee provided to the workers to travel to central Delhi," he submitted.State of Uttar Pradesh also told the Court that it has complied with the Centre's directions.The Court asked all States to report compliance on affidavit and posted the case for hearing on December 2."We are inclined to grant an opportunity to the Government of National Capital Territory of Delhi and the State Governments of Uttar Pradesh, Haryana, Punjab and Rajasthan to respond to the averments made in the affidavit filed by Respondent No.1 (Ministry of Environment and Forest) well before Wednesday, December 1, 2021. We would like to specifically know from the aforesaid State Governments about those directions which have since been complied with by them and those which have not yet been complied with by them, along with reasons for such non-compliance. We further direct the State Governments to comply with the said directions forthwith and file compliance affidavits in this behalf well before the next date of hearing," the order said..[Read Order]