New Delhi, 24 October, 2024: The Supreme Court on Wednesday criticized the Centre for weakening the environmental protection law, specifically noting the failure to enforce penalties for stubble burning under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act of 2021 (CAQM Act).
A bench led by Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih expressed concern that the law was enacted without the necessary enforcement mechanisms in place.
“The CAQM Act was made without creating the machinery required to implement its provisions, especially to curb air pollution,” the bench said.
The court’s remarks came during a hearing where Additional Solicitor General Aishwarya Bhati, representing the Centre, assured the bench that penalties for stubble burning, covered under Section 15 of the Act, would soon be enforced. “Regulations will be issued within 10 days, and an adjudicating officer will be appointed to ensure the law is implemented effectively,” Bhati informed the court.
She also noted that the Commission for Air Quality Management (CAQM) had already sent notices to senior officials from Punjab and Haryana, as well as officials from state pollution control boards, seeking explanations as to why no action had been taken against violators.
The bench, however, questioned the seriousness of these notices, asking, “Who is taking your notices seriously when the procedure isn’t even provided for under the law?” They further instructed, “Please tell the chairperson of CAQM not to bail out these officials. We know what’s happening on the ground.”
Bhati highlighted that more than 1,000 instances of stubble burning had been reported from various districts in Punjab, including Amritsar, Ferozepur, Patiala, Sangrur, and Tarn Taran.
Earlier, on October 16, the Supreme Court had criticized the Punjab and Haryana governments for failing to prosecute violators of stubble burning laws. It also summoned the chief secretaries of both states to appear before the court on October 23 to provide an explanation.
The court expressed frustration over the continued non-compliance with the CAQM’s directions aimed at preventing stubble burning, which contributes significantly to air pollution in the National Capital Region (NCR).
