Analysis of Order in M.C. Mehta v. Union Of India (13-1-2020)

The grave situation in Delhi regarding air and water pollution has resulted in an order by the Hon'ble Mr. Justice Arun Mishra and Hon'ble Mr. Justice Deepak Gupta. The court noted that the air quality is degrading day by day, which is a violation of Right to Life, enshrined under Article 21 of the Constitution. The court observed that 40% of the pollution in October/November was caused by stubble burning and other factors, which included construction/demolition activities, open dumping of waste, unpaved roads/pits, road dust, garbage burning, traffic congestion.

The court has defined the problem of stubble burning as a "short gap between two crops due to which agriculturalists indulge in stubble burning". The satellite images of previous years reflects that stubble burning is done more in the state of Punjab as compared to Haryana and Western U.P. This excessive stubble burning along with lousy administration, inappropriate actions and the fallacy in the policies which are being framed are causing severe threats to the environment and life of people living in these areas. Consequently, the order dated 13th January 2020 comprises of 24 directions in total to the Governments of Punjab, Haryana, Rajasthan, NCT of Delhi and institutions such as Pollution Control Board, which are a step towards the elimination of pollution from the country. The directions of the court are briefed as follows:

• The comprehensive plan is to be prepared and crop residual is to be used as fertilizers, cattle food and biofuel. Further, a scheme is to be made by the Central Government, State Governments of Punjab, Haryana and U.P. for making available the combine harvesters, happy seeders, hydraulically reversible MB Plough, Paddy Straw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill, rotavators and balers primarily dedicated to small and marginal farmers either free of cost or at nominal prices.
• The government of NCT of Delhi/NCR region is to file reports regarding the management and clearance of pollution and other threats caused to the environment in various hotspots as identified in Delhi and NCR regions.
• Delhi Government is to complete the installation of smog tower at Connaught Place in 3 months and smog tower is to be installed at Anand Vihar and this project would be directed by the Ministry of Environment, Forest and Climate change.
• Anti smog guns are to be used in Delhi and NCR region for large construction sites, road construction stretches, mining activities, large parking sites on unpaved areas and during large public gatherings, demolition activities, sprinkling on dust-prone traffic corridors.
• Dumped waste/ plastic is to be spotted and its processing/ incineration should be directed by Governments of NCT of Delhi, U.P., Haryana and Rajasthan. Pollution Control Board is to monitor the industries (of Delhi, Haryana, Rajasthan, and U.P.) in which smoke is emitted from chimneys. Also, it should be ensured that these industries comply with norms and standards.
• Status reports regarding the developers who violate the norms of construction or demolition are to be filed by the respective governments. Similarly, status reports of compliance of rules of the construction are to be filed. Government of NCT of Delhi and Governments of Haryana, Rajasthan, and U.P. are to point out the facilities of recycling of construction and demolition waste.
• Compliance of Solid Waste Management Rules, 2016, is to be ensured by the government and plans for proper waste management should be made. Further, some field visits were made in places like Panipat, Meerut, Mundka Tikri, Bahadurgarh, Bhiwadi, etc and accordingly, reports were made which are forwarded to the concerned authorities for prompt compliance i.e., within one month.
• DST Technical Committee is to consider the proposal of installing the oxy furnace in glass industries within 2 weeks. Details for chemical test methods for smoke emission control are to be decided. Use of spectroscopy to monitor ambient air quality is to be considered by various states.
• A comprehensive plan to deal with garbage and wastes and their total expenditure is to be presented before the court by Government of NCT of Delhi.
• Pollution Control Board is to report the action taken against the vehicles found plying on kerosene before the court. Pollution Control Board and the Indian Bureau of Standards are to submit a report with respect to water quality supplied in Delhi within one month.
• Information is to be given by the different states regarding measures taken by them for the pouring of sewage and untreated industrial effluents in various rivers within 8 weeks.
• In order to get relief from paying compensation for not taking appropriate steps for preventing stubble burning and other pollution, the Government of NCT of Delhi and Governments of Punjab, Haryana and U.P. have to state causes for the same. The plan is to be prepared by the Governments of these states for the congestion of traffic.
• Concerned Municipal Corporations (of Delhi, Haryana, Rajasthan, U.P.) are to file compliance reports of previous directions, and in case the work is left, it should be completed within three weeks.

[References]

Order M.C. Mehta v. Union of India, 2020

[Author Ritika Sharma is pursuing B.com LLB from UILS, Panjab University, Chandigarh].