[Delhi Air Pollution] Don't fire bullets from our shoulders, you have to take steps: Supreme Court to governments

The Supreme Court on Thursday expressed its dissatisfaction at the implementation of the measures suggested by it and the Central government to curb rising air pollution in Delhi [Aditya Dubey v. Union of India]..A Bench of Chief Justice of India NV Ramana and Justices DY Chandrachud and Surya Kant noted how children are still made to go to schools though the Delhi government had assured that all classes would be online."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," the CJI remarked."Elders have to work from home and children have to go to school. 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?" the CJI added..The CJI said that the objective of the Court in taking up the issue was to improve the air quality. This statement was in response to the criticism from various quarters that the Court was intruding into the domain of the executive."We are not opposition leaders and our aim is only to control the pollution," the CJI said.The top court also made it clear that governments cannot fire from the Court's shoulders but should instead take pro-active steps by themselves to address the issue."You cannot fire bullets from our shoulders, you have to take steps. We cannot enforce or infuse creativity in your bureaucracy, you have to come up with some steps," the Court said.Justice Surya Kant also weighed in, stating that most of the efforts by governments only helped with optics while the implementation is not happening."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," he said. .The Court was hearing a case filed by a 17-year-old Delhi student Aditya Dubey concerning rising levels of air pollution in the Capital.During the previous hearings, the Court had ordered a construction ban in the capital.The Commission for Air Quality Management in National Capital Region and Adjoining Areas had issued a slew of directions to be followed by Delhi and the surrounding states of Punjab, Haryana, Uttar Pradesh and Rajasthan.The Centre had submitted an affidavit yesterday stating that all construction activities in the national capital have been halted except for the Central Vista redevelopment, which is a project of national importance..The Central government, through Solicitor-General (SG) Tushar Mehta, told the Court on Thursday that industrial and vehicular pollution are the main sources of pollution.."Tell us on what can be done on industrial front," Justice Chandrachud queried.Mehta replied that he will place a comprehensive break-up before the Court."Officers are working round the clock. I will put all the composition and names in front of you," he said.The Bench was, however, not impressed by the fact that the implementation of the measures already suggested was not happening. In this regard, the Court asked about the powers of the Commission for Air Quality Management in National Capital Region and Adjoining Areas to enforce compliance with its directions."We are not able to control the pollution in spite of taking measures. You tell us how many members in this commission," the CJI asked."There are 16 members," the SG replied."The commission has no power of enforcement apart from ordering prosecution," Justice Chandrachud remarked. .Mehta then sought time to take instructions."Please let me speak with the Minister. The highest functionaries are equally worried. There needs to be reworking of power structure. Let me come back on Monday," he said.The Bench said that it will hear the matter at 10 am tomorrow morning."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," the Court said.As the hearing drew to a close, the Court said that emergency situations demand emergency measures."We are serious about industrial and vehicular pollution. In an emergency situation you have to work in emergent ways," the Bench remarked..[Read Order]