Why Punjab and Haryana High Court declined to hear PIL on stubble burning

The Punjab and Haryana High Court on Wednesday refused to entertain a Public Interest Litigation (PIL) seeking measures to curb stubble burning in the States of Punjab and Haryana [Arun Duggal And Others V/S State Of Punjab And Others]..A Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal took note of the fact that the Supreme Court is already hearing the issue related to air pollution and also monitoring the measures being taken to curb stubble burning.“The petitioner is free to raise his grievance before the apex court by adopting the right procedure. With the aforesaid liberty, this Court declines interference on merits and disposes of the petition," the Bench ordered. .Advocate Mandeep Singh Vinaik, representing the petitioners, earlier submitted that the PIL was restricted to a localized issue, while the Supreme Court was not looking at a specific issue.“What really is happening is a crisis of such proportions that it puts nuclear disasters to shame. I am consciously aware that the larger issue may be dealt with by apex court but this is a very specific petition on a specific and narrow scope. Hence, my humble request to this Court to deal with this matter on this limited scope,” Vinaik said..However, Additional Solicitor General Satyapal Jain and Additional Advocate General Haryana Deepak Balyan submitted the issue is already pending before the top court in MC Mehta case. The case is listed for hearing on Thursday before the apex court, the High Court was told..When the petitioners’ counsel insisted for issuance of notice on the PIL, the Court said,“Why should there be a difference of opinion? There can be a difference of opinion between two courts, that should be avoided.”The Court then disposed of the PIL with the liberty to the petitioners to move the Supreme Court in the pending matter. The PIL was moved by Arun Duggal, Rajiv Kumar Vij and Rajan Mehta who claimed that stubble burning in Punjab and Haryana is one of the primary contributors to the worsening air quality in the region and its surrounding states..Pertinently, the top court while hearing the matter related to air pollution in Delhi has taken strong note of the instances of stubble burning in Punjab and Haryana.In October, it summoned the Chief Secretaries of the two states after expressing severe disapproval over the lack of proper legal action against stubble burning.On November 28, the apex court also made it clear that it would continue to hear the matter related to air pollution in detail with the objective of finding a long-term solution to the crisis.