The Supreme Court on Monday asked the Delhi government to file an affidavit detailing the nature of equipment and their efficiency in measuring the Air Quality Index (AQI) in the national capital.
In response to submissions claiming that water sprinkling took place around pollution monitoring stations to skew the AQI readings in Delhi, a Bench of Chief Justice of India (CJI) BR Gavai and Justices Vinod Chandran and NV Anjaria ordered,
"Let GNCTD file an affidavit explaining nature of equipments being used and their efficiency to gauge AQI monitors. Please bring it day after tomorrow."
Earlier in the hearing, amicus curiae and Senior Advocate Aparajita Singh placed on record news reports about water sprinkling around pollution monitoring stations.
However, Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Central government, responded,
"This sprinkling of water is happening across the city...Political parties are spreading such videos."
At this point, CJI Gavai said,
"I saw the sprinkling around Supreme Court too."
During the hearing, Singh informed the Court that instances of stubble burning were being undercounted. The Court observed,
"But the status report says it has come down from 28,000 incidents to 4,000."
However, Singh replied,
"Experts say it is being undercounted. CAQM also says it is incorrect counting."
As a solution to prevent stubble burning, she submitted,
"Farmers do not have enough time to harvest the paddy earlier and thus the solution was to burn it. So we gave a suggestion that equipment made available to the farmers for disposing it off. From 2018, machineries are being given to farmers. State of Punjab says if ₹100 per quintal compensation is given to farmers from Centre, then an attempt can be made to tackle the issue."
Senior Advocate Gopal Sankaranarayanan then submitted that air pollution increased this year.
"When we react to the terror killings which killed 7...Here, millions are dying. There is alarming increase in lung cancer. 3 out of 10 deaths in Delhi is due to air pollution. Now 450 plus AQI is called as GRAP trigger. 200 plus is absolutely dangerous. A PM 2.5 going to my child's lung it will never leave. EPCA and CAQM are not capable to tackle and we need whip cracking for this."
The Court then enquired about the possibility of a year-long ban on stone crushers and other construction equipment. However, ASG Bhati said,
"That is not possible. All the countries who have achieved their growth is now giving us these points which hinder our growth. Now bad and poor days are same, but the severe days have reduced. This cannot be answered by knee jerk reaction and every human activity creates pollution. What all to curb?"
The Court then said,
"When the amicus says pollution is worst, but stubble burning has reduced then there could be other factors too?"
Singh replied,
"Yes during these seasons, the pollution tips over...due to stubble burning and other factors."
The Court said in its order,
"The restriction to be imposed on activities in Delhi in a graded manner taking into consideration AQI standards has been finalised by experts in the field based on scientific data. We do not possess expertise to deal with the same. We are, therefore, not inclined to act on submission of Mr Sankaranarayanan that all activities be stopped in Delhi. Large chunk of population depend on the various activities for their livelihood in the capital."
It called for concerted action from the Union Ministry of Environment, Forests and Climate Change (MoEF CC) along with the governments of Punjab, Uttar Pradesh, Rajasthan and Haryana.
The matter will be heard next on November 19.
[Read a live account of the hearing]