2023 (11) TMI 1350 - SCH - Indian Laws

Aggravating problem of pollution - HELD THAT - The bottom line is that very sowing of paddy which is not a local crop and which is not consumed locally is the basis of the problem. As submitted it is not a regular crop. The switch over to alternative crops is necessary so that next year we don t face this problem. The switch over can only occur when the MSP is not granted for paddy but is given to an alternative crop something which the Central Government in any case is seeking to encourage by growing and utilization of the traditional crops. Though the Delhi Government is seeking to impose restrictions on the basis of Odd-Even she submits that this is really an unscientific method if on the basis of colour codded stickers vehicles which have orange stickers can be banned instead. On this aspect also the State Government will report back. Conclusion - There is critical need for proactive measures to address environmental challenges caused by crop burning and pollution emphasizing the importance of immediate action and compliance with regulatory frameworks to safeguard public health and the environment. The Delhi Government to also place the figures of Environment Compensation Charge which has been collected and in what manner it has been utilized - List on 10.11.2023 along with IA No. 232078/2023.

Summary

The Supreme Court addressed the issue of crop burning in Delhi due to the persistent problem of pollution. The Court emphasized the urgent need for immediate action to tackle the issue and highlighted various suggestions presented by counsels to mitigate the problem. The key issues considered in the judgment are as follows:1. Economic reasons leading to crop burning: - The farmers burn stubble due to economic reasons and non-adherence to alternative solutions. - Suggestions included providing alternative solutions free of cost to farmers. - The State of Punjab proposed bearing 25% of the cost while urging the Central Government to bear 50%. - The need to phase out paddy cultivation due to its impact on the water table and explore alternative crops with minimum support prices.2. Misuse of Minimum Support Price (MSP) for paddy: - Misuse of MSP for paddy by bringing paddy from adjacent states to claim benefits. - The Court emphasized the need to reconsider the cultivation of specific types of paddy causing the problem.3. Legal framework and immediate measures: - Reference to the Punjab Preservation of Subsoil Water Act, 2009, and its impact on pollution due to delayed sowing. - Directives to Punjab and neighboring states to stop crop burning immediately and hold responsible officials accountable.4. Alternative solutions and environmental initiatives: - Suggestions to produce ethanol from maize and utilize PUSA DE-Composer to address stubble burning. - Direction to ensure the functionality of a smog tower and real-time monitoring of pollution sources. - Compliance orders for releasing pollution data, operationalizing the smog tower, and monitoring waste burning.5. Vehicular pollution control measures: - Implementation status of colored-coded stickers for vehicles and the need for compliance by all concerned states. - Consideration of banning vehicles with orange stickers and monitoring taxis registered in Delhi during the pollution period. - Requirement for the Delhi Government to report on the utilization of Environment Compensation Charge.The Court stressed the importance of immediate action and coordination among stakeholders to address the pollution crisis effectively. The judgment highlighted the need for sustainable solutions, enforcement of environmental laws, and active participation from all relevant authorities to combat pollution in Delhi and its surrounding areas.