Air Pollution in Delhi [LIVE UPDATES from the 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 Top Court directed the government to hold an emergency meeting and report on steps to control pollution by Tuesday evening.The Bench had also come down heavily on the Delhi government for giving "lame excuses" with regard to tackling the air pollution that is choking the capital.Pursuant to the top court's order, the Centre and States of Punjab and Haryana filed affidavits before the top court setting out their stance.A Bench of Chief Justice of India NV Ramana and Justices DY Chandrachud and Surya Kant will hear the plea.Read more on Centre's affidavit here.Live updates from the hearing below..Union of India has informed Supreme Court that rather than implementing work from home as suggested by top court it would rather put in place vehicle pooling system to reduce vehicular pollution for government officers..Haryana Government has informed Supreme Court that among other measures Stubble Burning shall be prohibited across the state..After the emergency meeting it was decided that truck entry will not be permitted in Delhi upto Nov 21, 2021..Measures which Haryana government will be taking to curb pollution..Punjab government has informed the Supreme Court that around 76,000 cross residue management machines had been made available to farmers in the last three years stubble burning..Punjab government in its meeting has decided to circulate the orders of Supreme Court in farmers WhatsApp groups..Hearing to begin shortly..Solicitor General: I have something to say at the outset.Supreme Court: What is this bulky appearance? Solicitor General: There has been nasty occurrences on TV to show that I misled the court on stubble burning..Justice DY Chandrachud: We were not misled at all. You said 10 percent but it was pointed out in the affidavit that it was 30 to 40 percent.CJI Ramana: These kind of criticisms keep happening. Our conscience is clear and we work for betterment of society..Solicitor General: Please come to Page 29 of earlier affidavit where I gave industrial, dust, vehicular pollution etc. I said some factors contribute throughout and some for limited time like stubble burning which happens in neighbouring states for 2 months..Solicitor General: Another factor increasing the impact of stubble burning is the direct of wind in NCR and that there is no inside wind movement in the state. We also stated average sectoral contribution throughout the year..Solicitor General: Then I said for these two months... Like post Diwali there have been increase of fire and stubble burning instances and how efforts needs to be taken to reduce the stubble burning as it becomes 35 to 40 percent in 2 months. It was projected as if it was 3 to 4% for elections..Senior Advocate Vikas Singh: We are not in politics but I am here for Delhi. He said 10 percent.CJI Ramana: Don't irritate us, Mr. Singh. Unnecessarily both of you are diverting the issues.. this is a matter of common sense... And these instances increase in these two months..Supreme Court: We recorded it in our order.Solicitor General: As a law officer I can only clarify here and not run to TV rooms..Sr. Adv. Singh: Please see the present affidavit and there are 9 steps.CJI Ramana: I thought you want to clarify what Mr. Mehta is saying.Sr. Adv. Singh: He said 10 percent orally and where is that 10 percent?.Solicitor General: A commission meeting was held. All chief secretaries, minister of urban development.. and others were present..Solicitor General reads the below measures from the affidavit..Solicitor General now reads points on thermal power plants..Solicitor General now reads points on vehicular pollution and how truck entry will be stopped till Nov 21..Solicitor General points towards dust control measures which includes using anti-smog guns and dust suppression mechanism being used. Augment use of road sweeping machines..Solicitor General now shares measures on DG sets: which includes strict prohibition of DG set use except emergency use..Solicitor General: Schools and colleges will remain closed in Delhi NCT. Compliance report will be placed before commission by Nov 22.CJI Ramana: Are all neighbouring states included? Solicitor General: Yes, Rajasthan, Punjab, Haryana , UP..Solicitor General: Regarding work from home for central government officers, we considered total vehicles used for central government officers, we saw numbers are not huge..Solicitor General: The advantage of not passing work from home direction would outweigh the advantages which would be gained from work from home directions which would be limited to only less number of Central Government vehicles on road..Solicitor General: Instead DOPT has issued an advisory for Central Government officers and staff for pooling and sharing of vehicles to the maximum extent possible so that number of Central Government vehicles plying for commuting of officers and staff are reduced substantially..SG in response to CJI Ramana saying the issue of stubble burning increase in 2 months was a matter of common sense, Solicitor General says, "Common sense is like deodorant. Those who don't use it make others suffer.".Dr. Abhishek Manu Singhvi for Delhi Government: I have tried to reduce distance between me and Solicitor General by appearing from the place where he did. Another thing is truth has many facets. Centre says it spikes to 35 to 40 percent of stubble burning...CJI Ramana: See today's newspapers all the papers have their own statistics.. Sr. Adv. Singhvi: It has been stated in a central government paper that it varies from 0 to 58 percent. Possibly Mr. Mehta has taken a four or six month average..CJI Ramana: Our focus is on how to reduce pollution. You are raising issues which are not important. Why are you raising these issues again and again?.Sr. Adv. Singhvi: We are not blaming anyone.. both figures are of centre.. CJI Ramana: We don't want to penalise farmers. We have requested states to persuade the farmers to not burn stubble. Why are you again and again raising this?.CJI Ramana: You want to use some issue, make us observe and then make it controversial and then only blame game will remain. Debates in TV is creating more pollution than everyone else. Everybody has their own agenda. They don't understand anything..Sr. Adv. Singhvi: A source based break up of pollution factors is yet to be done. Study by IIT Kanpur can be relied in this case..Sr. Adv. Singhvi: Please see the PUSA bio decomposer and it's use.Justice Kant: Please look at the plight of farmers and why they cannot follow these scientific methods. People sitting in Delhi in 5 or 7 star hotels they criticise how they contribute 30 to 40 percent to pollution..Justice Kant: Have you seen their earning per landholding? How will use these machines? CJI Ramana: Sorry I am using my phone. Report says firecrackers are not the cause even.. firecrackers also temporary I say this...CJI Ramana: But have you seen how much firecrackers were burnt after Diwali even after ban?Justice Kant: It was maximum yesterday.. nonstop..noJustice Kant: This increases the most in these months and Supreme Court takes cognizance of it. Please tell us what measures have you taken throughout the year.Sr. Adv. Singhvi: I am suggesting a cheap alternative which rejuvenates the soil and does not cause burning..CJI Ramana: This is PUSA report? There are already reports that it is a failure. Don't make us get into things where we don't want to..Sr. Adv. Singhvi: You are correct that by the time court issues directions the fire is out and we are back to hunky dory.CJI Ramana: There are states involved here like UP, Punjab etc., otherwise this is not an issue where the Supreme Court should intervene..Justice DY Chandrachud: As Delhi government, what steps have you taken in last few days and what you propose to do in a few days to stop it?.Sr. Adv. Singhvi: Construction sites are being vigorously looked at. There are day and night patrolling. Anti-smog guns have been installed. Anti-dust campaign organised and DPCC organised 30 teams to do this..CJI Ramana: You had indicated all this last time too Sr. Adv. Singhvi: What else could we furnish in this short time? 90% of what the centre has proposed has been done by Delhi government and the suggestions are modelled on Delhi government measures..Justice DY Chandrachud: What about the sweeping mechanized machines? Tell us what steps about new purchase order apart from the 69 machines. Sr. Adv. Singhvi: We will give any financial amount for sweepers to buy. How many you know the municipal corporation will know. 15 machines more has been ordered...Sr. Adv. Singhvi: We wrote to the municipal corporation and they said 15 needed and we approved it.Justice DY Chandrachud: Will 15 works for thousands of kilometres?CJI Ramana: Again the issue is corporation is not under you..Sr. Adv. Singhvi: I am not on jurisdictional hogwash. We wrote to all the corporations and they said they need 15. We approved it. We will approve more and we cannot run the sweepers..Justice DY Chandrachud to CJI Ramana: Chief, the dust is indeed a great source.CJI Ramana to Singhvi: Enough is enough, and we are not inclined to go into these details. We cannot go into how many machines required..Sr. Adv. Singhvi: They needed 15 and 16 water sprinklers.. I have already approved it. What more can we do?CJI Ramana: Are you saying central government measures is enough to tackle the pollution issue? Sr. Adv. Singhvi: No No, I did not say that..Justice Kant: All suggestions must have put in emergency meeting, what happened after this? You are saying you will ban 10 - 15 year old vehicles. But how much time will you take for this?.Sr. Adv. Singhvi: You can direct us to prepare a chart for all states to show compliance. You will see Delhi government ticking 90 percent boxes.. We have done complete work from home for Delhi government officers. We were the only state. We have given all financial help..Justice DY Chandrachud: You have said you can close all non-essential industries. Is it possible?Sr. Adv. Singhvi: Yes, it is possible. But suppose we start odd-even here, but vehicles will come from all states.. same is for work from home. Delhi has porous borders...Justice DY Chandrachud: Is it not possible to increase the supply of CNG buses? Sr. Adv. Singhvi: Whether they have sufficient buses to increase.. but I can increase the frequency.Justice DY Chandrachud: On transport front you are taking enforcement and implementation steps. What positive steps you can take in few days?.Sr. Adv. Singhvi: I am proud that 90 percent of boxes in central government affidavit have been ticked. We can increase metro and bus frequencies. Please order work from home or ban in vehicles in periphery too, since no point of such ban only in Delhi..CJI Ramana: Anyone from Punjab and Haryana? Solicitor General: If you see page 10 of yesterday's report.. any kind of movement of common man without public transport will be difficult. CJI Ramana: All suggestion equally applies to all neighbouring states, centre and Delhi government..Solicitor General: On the aspect of mechanized sweeping machines it was decided 15 is not enough and there has to be an increase in sweeping machines and water sprinklers..Haryana: Whatever was suggested by commission was implemented and whatever ordered will be followed.CJI Ramana: What have you done for farmers on stubble burning?Haryana: Chief secretary and district magistrates are taking stock, so no stubble burning happens in these 2 weeks..CJI Ramana: What about work from home? Justice Kant: The deputy commissioner of Gurugram, Faridabad , Sonipat and Jhajjar were ordered to follow work from home. What has happened? Told means you are at their mercy. Is there complete WFH apart from essentials?.Haryana counsel: We will follow whatever is ordered in letter and spirit.Punjab counsel: We don't fall under Delhi NCR region.CJI Ramana: So, nothing applies to you? Punjab counsel: No, we have taken measures..Supreme Court: Where is the stubble? Farmers are at the mercy of the board.. You have forced them not to burn but its not removed. The affidavit is completely silent on this aspect..Justice Kant: By the time you purchase the machines the season is over. Punjab counsel: We have purchased 76,000 machines. Plus, on farm fires the figures are misleading. It has decreased in comparison to last year..Justice DY Chandrachud: Who bears the capital cost for the machines? Punjab counsel: Centre bears 80 percent of the cost and then rest 20 percent by the gram panchayats. To say we are doing a lot is false and to say we are not doing anything will also be false.We have asked centre for funds..Sr. Adv. Vikas Singh: What has to be done, let it be done by Your Lordships and let it not be pushed to next October..Sr. Adv. Singh: There is no agenda as SG Mehta suggested. BS VI norms for vehicles have been implemented. If such measures are taken then there is no question of vehicular pollution..Sr. Adv. Singh: They are not following these norms, for construction activity CPCB states how sprinklers should be used while construction and demolition happens.. no one follows. The problem has to be tackled today for next year and again only CS from states will meet..Sr. Adv. Singh: The time between wheat and paddy has reduced. Thus, there is no time to remove stubble and stubble is more if harvester is used. In harvester removal stubble is so big that it cannot left to regenerate into the soil..Sr. Adv. Singh: Stubble burning as reported in media and as I heard in court was 10 percent but it is certainly 50 percent, some directions are needed now for us to tackle this issue next year..Sr. Adv. Singh: Why can't the Punjab government send sprinklers to places where stubble burning takes place so that the fire is doused and it never happens? Small marginal farmers cannot afford these machines. Punjab has large landholding farmers and they should be forced to use it..Sr. Adv. Singh: Even with steroids and inhalers, I cannot breathe normally in this city. Delhi is gasping!.Sr. Adv. Singh: When you talk of dust, fugitive dust may not make me sick but smoke will certainly make us sick. Farm fire is a very serious issue and it has to be tackled. There is no farmer bashing here, in their interval how many such machines for stubble removing has been used?.Sr. Adv. Singh: Stubble burning is harmful for the soil too, by removing it the soil is also strengthened. Delhi has to look into this otherwise soon we will have to close down everything, and we will have November vacation along with summer vacations..Sr. Adv. Singh: Your Lordships stay in Lutyens Delhi where the situation may be better but rest of Delhi is gasping. Lutyens Delhi may also have the same situation..CJI Ramana: We thought some immediate steps will be there.Sr. Adv. Singh: If BS VI vehicles are plying then why to stop those cars? If industries have to be closed down then close down those who don't meet AQI standards..An advocate mentions an intervention application: In Delhi the situation is there are aged vehicles. We have weddings now... unless there is a clear ban on firecrackers, Delhi will choke. CJI Ramana: What is the use of burning firecrackers in Delhi in past 10 days after Diwali..UP Counsel: It cannot be said that orders should be followed by all states.CJI Ramana: So UP has no problem? Counsel: No, I am on the implementation of the orders..Solicitor General: I have a suggestion, meteorological scientists were also there in the emergency meeting and as per them the wind flow will be there after Nov 21. Would this court not consider waiting till Nov 21, before implementing harsher measures?.Justice Kant: You all say transport is main cause. We know all the gas guzzlers, hi-fi cars run on Delhi roads. Who will encourage them to stop this?.CJI Ramana: Delhi says there is no meaning of banning vehicles or have work from home if not implemented in all neighbouring states. We thought the commission will give us steps, like stop this-that etc.Justice DY Chandrachud: Basically by Nov 21 nature will come to your rescue..CJI Ramana: So far as closing down establishments etc., we can consider on Nov 21. But rest of things suggested by Singh is sensible. Construction is happening all year around and its nothing to do with stubble burning etc..CJI Ramana: Asking industry to install latest non polluting technology is needed.Solicitor General: Question is implementation.CJI Ramana: What is the committee doing for implementation? Justice DY Chandrachud: Nobody wants to exercise that power..CJI Ramana: Central government officers .. How many vehicles are there and how are they travelling.. look at Delhi government.Solicitor General: What Delhi government has passed a salutary decision of work from home.CJI Ramana: You don't need all 100 officers in the office. You can instead call 50 officers..Justice Kant: There are several government localities where class IV to Class I employee.. can't they travel in public transport?Solicitor General: Work from home for a state like Delhi will have impact in Delhi, but if we go work from home, it will have pan India ramifications..Solicitor General: Can the minimum impact it has on pollution outweigh the impact it will have on pan India functioning? Thus, we have suggested pooling vehicles..Justice Kant: That is why we are suggesting that central government officers living in government colonies travel in public transport..CJI Ramana: We will again post the matter next Tuesday. Sr. Adv. Singh: Let the states atleast keep doing the efforts. CJI Ramana: The committee directions have to be complied with.Sr. Adv. Singh: There are no directions that is the issue, let them ensure there is no fire burning..CJI Ramana: What I am observing as a Judge and before it as an AG, I have observed that bureaucracy has gone into inertia and they don't want to do anything, like using sprinklers or water buckets we have to say. This is the attitude of the executive. Justice DY Chandrachud: It is apathy and just apathy..Solicitor General Tushar Mehta: One king decided once that no one should sleep hungry. One horseman was sleeping, the officials woke him up and asked that if you are hungry. When horseman said, "Yes, I am hungry", he was not allowed to sleep. So, no one was allowed to sleep.

Air Pollution in Delhi [LIVE UPDATES from the Supreme Court]

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