‘It is all in the air’: SC raps Delhi air quality panel for failing to curb pollution

The Supreme Court on Friday pulled up the Commission for Air Quality Management (CAQM) over its alleged lack of effort to curb stubble burning in neighbouring states, which has been a significant contributor to Delhi’s air pollution during winter months.

A bench comprising Justices Abhay S. Oka and Augustine George Masih questioned the CAQM’s ability to implement the provisions of the CAQM Act, asking for specific actions taken by the commission to curb the practice of burning crop residue in neighbouring states such as Punjab and Haryana, reported Bar and Bench.

“There has been total non-compliance of the Act. Please show us a single direction issued to any stakeholder under the Act,” Justice Oka said, questioning whether any substantive steps had been taken to address the problem.

Additional Solicitor General (ASG) Aishwarya Bhati, representing the Centre, read from an affidavit, outlining steps such as issuing advisories and guidelines to manage the crisis. However, the court was unimpressed with these efforts.

“It is all in the air, nothing they have shown regarding what has been done in the National Capital Region (NCR) states,” Bar and Bench quoted Justice Oka as saying.

The Supreme Court on Tuesday in the week sought a detailed explanation from the CAQM about the measures it had undertaken to curb stubble burning. The bench had specifically asked the commission to submit its response by September 27 after senior advocate Aprajita Singh, who is assisting the court as amicus curiae, cited media reports indicating that stubble burning had already begun in states bordering Delhi.

Singh urged the court to hold the CAQM accountable for enforcing the laws under the CAQM Act, stressing the need for concrete steps to prevent the seasonal spike in pollution. Justice Oka had asked ASG Bhati to ensure that the commission provided answers regarding these concerns during Friday’s hearing.

During the proceedings, CAQM Chairperson Rajesh Verma informed the court that sub-committees had been formed and that enforcement squads were in place, with meetings being held quarterly. “Once every three months, they are meeting,” Verma said, adding that 40 enforcement squads had been established and 1,099 industrial units had been closed.

However, the court remained sceptical about the impact of these measures. “Every year, we face stubble burning. Is it decreasing, or is it increasing?” Justice Oka asked.

Verma assured the court that air quality in Delhi had improved over the past three years and that stubble burning was gradually declining. But amicus curiae Aparajita Singh raised doubts, pointing to recent instances of stubble burning and questioning why no action had been taken against officials who failed to enforce the law.

“What effective action are they taking? Act was brought in to take action against erring officials as well my lords please see,” Singh said.

The CAQM’s actions—or lack thereof—have been under scrutiny for some time. On August 27, the Supreme Court labelled the pollution control boards of Delhi and NCR states “ineffective” due to staff shortages and demanded that the commission explain how it would address the surge in pollution expected as winter approaches.

The court had also raised concerns about the functionality of the CAQM’s sub-committees, questioning how they could operate effectively without adequate representation from pollution control boards in Delhi, Punjab, Haryana, Rajasthan, and Uttar Pradesh.

It directed the five NCR states to fill the vacant posts urgently, preferably before April 30, 2025.