Delhi Air Pollution [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 the Capital.During the previous hearing on Monday, the Court said it might have to set up an independent task force observing that while the intentions of the Central government in issuing various directions to neighbouring States might be good, the implementation of the same has been "zero".In response to the Court’s queries, the Central government filed an affidavit stating that all construction activities in Delhi have been halted except the Central Vista redevelopment which is a project of "national importance”.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..Solicitor General Tushar Mehta: There is a small disclosure, that we were in close proximity with a lawyer yesterday whose son has tested COVID positive. So, we are quarantining. We had taken off our mask for a while..Senior Advocate Vikas Singh: We should try to not remove our masks.CJI Ramana: Are you suggesting us? (bench smiles).Solicitor General Tushar Mehta is appearing physically in Supreme Court. .Sr. Adv. Vikas Singh: No development can be at the cost of public health. If you go to India Gate, there is a lot of dust around. Ultimately these ban will not work unless there are flying squads to implement these directions.In MC Mehta matter there were flying squads. Immediately sealing can be done if violations are found. Stubble is not an issue now, but some directions are needed so that it does not happen next year..Sr. Adv. Vikas Singh: Delhi being the Centre, cars should be BS VI compliance and if there are cars which are not they cannot ply..Sr. Adv. Vikas Singh: Today the level is 500 AQI and it is serious, and that means someone is flouting this. All these directions like water sprinklers etc. are working or not has to be seen like a proper flying squad. Ban also has to be uniform..CJI Ramana to Dr. AM Singhvi appearing for Delhi government: We are looking at this aggressively and you told us schools are closed but it is not so. 3 to 4 year old children are being made to go to schools. See today's Indian Express, children are going, if you want order we will appoint someone..CJI Ramana: Elders have to work from home and children have to go to school Justice Surya Kant: Nothing has been followed. While we came to court, there are people sitting in the middle of the road with banners of save environment. That's why we say ONLY POPULARITY SLOGANS..CJI Ramana: We are not opposition leaders and our aim was to only control the pollution. You have made assurances on the first day that Work From Home is there and you are ready for lockdown etc., you closed schools and colleges, but then what?.Justice Surya Kant: No additional CNG buses have come. What has been done? Dr. Singhvi: Please take my affidavit dated December 1. Its in two files..CJI Ramana: This is another cause of pollution..Dr. Singhvi reads from the affidavit..Dr. Singhvi: Multiplicity of flying squads will only add to the confusion. I must make it clear as we too have our teams on the ground..Dr. Singhvi continues to read from the GNTCD affidavit..Dr. Singhvi: Will and the action is there. Even challans are being processed. 30 Lakh SMSs have been sent for enforcement of PUC to vehicle owners..Justice Surya Kant: Have you mentioned anything that how these young children are being exposed to the pollution who are standing with banners?Dr. Singhvi: These are civil volunteers.Supreme Court: Someone has to take care of their health too..Dr. Singhvi points towards dust mitigation measures by Delhi Government..CJI Ramana: There are how many task forces from your side and how many are from the Central government side?Dr. Singhvi: Taskforce is only one which has members from both centre and us, so that we form a common policy..Solicitor General Tushar Mehta points towards the below page of the compliance affidavit to show steps of commission..CJI Ramana: So, basically nothing is happening and everything is being done. So we may have to... Solicitor General: Please see the page 12 and say the rest. I can present the task force but please see this... please don't gather this impression...Solicitor General: There is continuous monitoring by statutory teams. There are some large geographical areas where the violations can be closed. I can give details to satisfy your conscience..Justice Kant: How are you concerned with the fines imposed by Haryana? Show us which industries have been closed down.Solicitor General: I was answering to the fact that there is no flying squads. Flying squads are going. I can give list of flying squads..CJI Ramana: As a layman I am asking this, the day when this matter started there was X AQI level of pollution, then tall statements were made. If so much efforts has been implemented then how is the pollution rising further? Why is it not going? Stubble burning also has come down..Solicitor General: My only agenda is to assist the Court and not introduce any private agenda. I can give names of all the members of the commission which is involved in 24x7 monitoring of this situation..Justice Chandrachud: Is there a statement by the commission on what is the most potent source of pollution?Sr. Adv. Singh: He is making an allegation that he is saying we have an agenda. How can he say something like this?Solicitor General: I cannot shout. He must remember that we are not on streets..Sr. Adv. Singh: The bench is asking questions and SG will say that you all also have an agenda..Solicitor General: Industrial and vehicular pollution are the main source of pollution .. That is my instruction by Secretary of the commission.Justice Chandrachud: Tell us on what can be done on industrial front Supreme Court: Then, there will be no industrial pollution..Dr. Singhvi: IIT Kanpur has done a proper source based break up. We need an authentic report from any of the IITs to have a break up of this source..Solicitor General: Officers are working round the clock. I will put all the composition and names in front of you..Justice Chandrachud: Is there any check on the non-compliant BS 6 vehicles not entering the city?Solicitor General: We don't have powers to impound the vehicles. Supreme Court: But you can stop the entry can't you.. there is an entry ban and vehicles are not permitted..CJI Ramana: Yes, we are not able to control the pollution in spite of taking measures. You tell us how many members in this commission? Solicitor General: There are 16 members..CJI Ramana: What is the commission doing? Who is the chairman of this commission? Justice Chandrachud: The committee has no power of enforcement apart from ordering prosecution under Section 13..Solicitor General: Please let me respond tomorrow and let me speak with the Minister. We are not averse to this and highest functionaries are equally worried. There needs to be reworking of power structure. Let me come back on Monday..Senior Advocate Ranjit Kumar for state of Uttar Pradesh: Please see Section 12(2) of the Act. It is the power to close down the establishments flouting these rules. Justice Chandrachud: Have you exercised this section? Solicitor General: Some power structure needs to be put in place. I have something in mind...CJI Ramana: In an emergency situation, you have to work in emergent ways. Suppose temperature is going up in fever, then what can be done to control it?.CJI Ramana: We cannot enforce or infuse creativity in your bureaucracy, you have to come up with some steps..Sr. Adv. Singh: Adjournments were taken last year too. CJI Ramana: We are not on last year.Sr. Adv. Singh: Since Delhi is land locked, there needs to be norm which has to be evolved for Delhi. An immediate order on task force composition is needed..CJI Ramana: We will take this up tomorrow morning for 30 minutes, we can assemble at 10 AM. You update us about the steps. Otherwise we will pass directions..Dr. Singhvi: Please see Delhi government affidavit. Core figure is 6700, 2000 are the other category. There are 21 new buildings for Delhi. Kindly permit construction in these hospitals only. CJI Ramana: If there is an emergency, its a different thing..CJI Ramana: We are serious about industrial and vehicular pollution. You cannot fire bullets from our shoulders, you have to take steps. Why are schools open? Dr. Singhvi: There are learning losses as suggested by the committee.CJI Ramana: We also have children and grandchildren..CJI Ramana: We are giving you 24 hours' time. We want you take a hard look at this and come up with a solution with seriousness.

Delhi Air Pollution [LIVE UPDATES from Supreme Court]

Related Stories