New Delhi, Oct 3 (UNI) The Supreme Court on Thursday pulled up the States of Punjab and Haryana for not taking penal action against farmers who resort to stubble burning, a major reason for the pollution and declining air standards in Delhi and adjoining north Indian States.
A Bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih said that the States have only taken action to recover nominal compensation from the farmers who indulge in stubble burning.
The stubble burning is the practice of farmers setting fire to straw stubble which remains in fields after the harvest of grains like wheat and paddy.
The stubble is burnt to prepare the fields for the next set of crops. It is the easiest and cheapest way to clear the fields but leads to a drastic dip in air quality.
The Court also pulled up the Commission for Air Quality Management (CAQM) for not taking any steps to ensure that its own directions are implemented by the states.
The Apex Court was hearing a case concerning air pollution in Delhi.
In the previous hearing, it had pulled up CAQM for failing to take adequate steps and sought an explanation on what measures were being taken against those violating restrictions on stubble burning.
The Bench persisted in questioning on lack of penal action against farmers who burn stubble instead of using happy seeder machines.
Senior Advocate Gopal Sankaranarayanan, appearing for minor children (petitioners), said that the machines itself will not be sufficient.
“Happy seeder machines by itself won’t be enough. They don’t need diesel but the tractors do,” he said.
The Court examined the affidavits filed by parties and said that no effort was being made by CAQM for implementation of its own directions.
“Not a single prosecution has been initiated and the last meeting was held on August 29.
Only 5 out of 11 members were present and it did not discuss implementation of any directions to the farmers.
The Court pulled up the agency and said, “This is how the subcommittees are functioning! They have held 11 meetings in 9 months. ”
As far as non-utilisation of grants, The Attorney General of Punjab submitted that marginal farmers cannot afford to engage drivers for tractors or diesel.”
It then ordered the States of Punjab and Haryana the Central government and CAQM to file affidavits within a week.
The case will be heard next on October 16.
Additional Solicitor General Aishwarya Bhati appeared for the CAQM and the Central government.
Senior Advocate Aparajita Singh was appointed by the Supreme Court as an Amicus Curiae.
In the same case, another Bench of the Supreme Court had earlier exhorted all stakeholders to cooperate to tackle air pollution and stubble burning in Punjab, Haryana, Delhi and Uttar Pradesh so that the air quality index in these states during the next winter improves.
For different reasons, they do not want to prosecute anybody it is the problem as simple as that, the court remarked and they do not want to take penal action but only hold meetings. Commission itself prima facie does not seem to be taking any efforts for follow-ups on implementation of its directions regarding enforcement and safeguarding, the Top Court said.
“We wrote to Delhi for subsidies too subject to centre agreeing but for about 1200 crores and 375 crore each from Delhi and Punjab,” Punjab Advocate General (AG) Gurminder Singh said. The farmers in the state cannot afford the expensive machines to dispose of the stubble, the AG said, and therefore if subsidy is provided there can be a solution to this problem.
He also said that States are not empowered to resort to penal action.
“We are barred,” Attorney General R Venkataramani said.
The Court said, “That is wrong. Under the Environment Protection Act, you can,” the Court said.
The Court ordered the States of Punjab and Haryana to comply with the directions of CAQM and file a compliance affidavit within a week.
The Court also directed the Commission to ensure firm steps are taken to ensure implementation of its directions.
