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Laying majority blame for Delhi’s winter pollution on stubble burning baseless, SC tells Union govt

November 16, 2021 | 3 min read

The Union government’s affidavit on polluting agents for Delhi said, surprising many, including a Supreme Court bench, that stubble burning by farmers contributes to only 4 per cent of Delhi’s air pollution in winter and 7 per cent in summer.

The Supreme Court on Monday pulled up the Delhi government on the issue of the reasons behind the smog and the resultant pollution that chokes up Delhi’s air this time of the year, that is, the post-Diwali period, every year.

The Delhi government had filed an affidavit citing the burning of paddy stubble by farmers is the prime reason for the rising air pollution in the national capital from now on. But the Union government on Monday claimed in its affidavit, citing a scientific study, that stubble burning accounts for only 4 per cent of Delhi’s air pollution (caused by PM 2.5, that is, floating particulate matter 2.5 microns in diameter) in winters and 7 per cent in summer; therefore, only 10 per cent per year.

Reacting to the affidavit, Justice DY Chandrachud remarked: “In fact, now the cat is out of the bag, the farmers’ stubble burning contributes to 4 per cent of the pollution as per the chart. So we are targeting something which is totally insignificant.”

“Are you agreeing in principle that stubble burning is not the major cause (of air pollution),” asked Justice Surya Kant of the Solicitor-General of India Tushar Mehta, appearing for the Union government.

The three-judge bench concluded, on the basis of the Centre’s affidavit, that industrial activity, power generation, vehicular traffic and construction are major contributors to deteriorating air quality in the National Capital Region (NCR) while stubble burning is a minor contributor.

However, before this, Chief Justice NV Ramana, also part of the bench, said, “While stubble burning is not the major cause, there is a lot of stubble burning happening in Punjab and Haryana. We request state governments to pursue farmers to stop the burning for a week.”

The apex court bench also expressed its displeasure over the failure of the Centre and the states of Delhi, Haryana, Punjab and Rajasthan to suggest immediate measures to control rising air pollution in the national capital.

“It is unfortunate we have to set an agenda for them (Executive),” the court said. In fact, at the last hearing, the bench had asked the Delhi government whether a temporary lockdown could be a solution to giving people some relief for a few days.

The solicitor-general had presented a consolidated affidavit on behalf of the government of India over the measures taken to control rising pollution levels in Delhi. The data on stubble burning was part of this affidavit.

As per this affidavit, dust is the primary cause of high pollution levels. The bench then grilled the Delhi government on whether 69 mechanised machines are sufficient to clean the 8,500 km of Delhi’s roads.

When the counsel for the Delhi government said the municipal corporation should be able to provide this answer, the bench shot back: “So you are passing the buck to municipal corporations. … we will be forced to order an audit of your revenues to find out how much have you spend on popularity slogans instead of looking after people.”

The bench directed the Union government to hold another review meeting and come up with concrete measures, instead of providing details of the steps already taken. “We just want the pollution to be controlled. What steps need to be taken for that is your problem. We are not here to advise,” the judges said.

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