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1 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1346/2015 & CM Nos.35024/2016, 640/2017, /2017, 8565/2017, 18856/2017 & /2017 COURT ON ITS OWN MOTION (AIR POLLUTION IN DELHI)... Petitioner Through: Mr. Kailash Vasdev, Sr. Adv. (Amicus Curiae) with Mr. Sumer Singh Sandhu, Mr. Umrao Singh Rawat & Ms. Rajkhowa Divija, Advs. versus UNION OF INDIA & ORS... Respondents Through: Mr. Ajay Digpaul, CGSC for UOI. Mr. Sanjay Poddar, Sr. Adv. with Mr. Ajay Arora and Mr. Govind Kumar, Advs. for SDMC. Mr. Sanjay Poddar, Sr. Adv. with Mrs. Biji Rajesh for Mr. Gaurang Kanth, Adv. for EDMC. Ms. Avnish Ahlawat, Adv. for DTC. Mr. Om Prakash, Adv. for Northern Railway. Mr. Anchit Sharma with Mr. Tarveen Singh Nanda, Ms. Diksha Lal and Mr. Rahul Singhal, Advs. for DCB. Mr. Anil Grover, AAG Haryana along with Mr. Mishal Vij, Advs. for State of Haryana. Mr. Sakya Singha Chaudhuri, AAG with Ms. Shreya Mukerjee, Adv. for State of Punjab. Mr. Anil Mittal with Ms. Komal Aggarwal, Advs. for R-26/State of U.P. Ms. Shaheen with Mr. Puneet Taneja, Advs. for R-28/NTPC. Mr. K.M.M. Khan with Mr. N.N. Bain, Advs. for applicant/respondent - Sanjay Colony, Bhati Mines. Mr. Kamlesh Kumar Mishra with Mr. Lal Babu Lalit, Mr. Vishal Kalra & Ms. Anu Pal, Advs. for Intervener. W.P.(C) Nos.1346/2015 & 2115/2015 Page 1 of 7

2 + W.P.(C) 2115/2015 & CM Nos.10198/2017 & 7298/2015 SUDHIR MISHRA... Petitioner Through: Mr. Sumit Purohit with Ms. Ritwika Nanda, Advs. versus MINISTRY OF HEALTH & FAMILY WELFARE & ORS.... Respondents Through: Mr. Dhanesh Relan with Ms. Gauri Chaturvedi, Advs. for DDA. Mr. Alok Kumar with Mr. Neeraj Gupta, Advs. for R-6 (CPCB). CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR O R D E R % The serious deterioration of air quality in the Capital and the National Capital Region (NCR) is a matter of grave public concern and the steps taken to improve air quality by various agencies, the subject matter of continuous oversight by this Court in this public interest litigation. During the course of these proceedings it is established that one contributory major component to air pollution in Delhi during the months of October and March each year is the burning of agricultural waste, including plant residue/stubble while harvesting the Kharif and Rabi crops ( stubble burning ). The statistics made available and presented by the Pollution Control Board reveals that every ton of dry residue burnt generates kg W.P.(C) Nos.1346/2015 & 2115/2015 Page 2 of 7

3 of PM 10 and kg of PM 2.5 particulates of which are disbursed in the air. 2. The affidavits filed by the States, disclose that14 million tons of paddy straw is burnt in the state of Punjab alone. The other States provided relative figures separately. The emission of particulate matter from this stubble burning is beyond any acceptable human endurance, or danger levels. The figures regarding particulate matter emissions for Haryana are equally large. 3. With a view to ensure elimination of the practice ofstubble-burning, this Court had called upon the NCR States and the State of Punjab to furnish information relevant to this issue on affidavits. The States and the Union of India have since filed their respective affidavits. The steps taken, briefly are summarized below: a) Notifications under the Air (Prevention and Control of Pollution) Act, 1981 were issued by the individual State banning the burning of agricultural waste Punjab notification dated , Haryana notification dated etc. b) The States have set up Special Committees to prevent, monitor and control the burning of agricultural residue. District Collectors have been empowered to initiate proceedings including penal proceedings against defaulters. c) The States, notably Rajasthan are in the process of setting up remote sensing systems to locate sites where such residue is burnt. d) In November, 2014, the Government of India formulated the National Policy for Management of Crop Residue, On August, 2017, a draft Action Plan for Biomass Management was prepared by W.P.(C) Nos.1346/2015 & 2115/2015 Page 3 of 7

4 the MoEF in consultation with the Confederation of Indian Industry and the NitiAayog. The Union MoEF has formed a Committee on This Court, on , by its order issued the following directions to the concerned States and Union: 10. The Court hereby requires the Union Secretaries, Ministry of Environment, Forest and Climate Change; Science and Technology and of Agriculture & Farmer s Welfare to explore the possibility of creating a fund for innovation in farming techniques in co-ordination with such educational or technical institutions (IITs, etc) as are feasible (and practicable) in this regard, to innovate and develop the most environment friendly practices, which are also energy efficient and suited to use by farmers. The three Secretaries shall hold a meeting in this regard within three weeks. The Central Government may, if necessary, create a fund and a Task Force comprised of appropriate personnel in this regard. A report of the meeting and proposals discussed indicating the way forward and the views of the Central Government in this regard, shall be filed along with an affidavit [enclosing minutes of the meeting (s)] a week before the next date of hearing. 5. The Court had, on 18 September, 2017, heard the parties. The State of Rajasthan had indicated in its affidavit that extensive farmer education and training programmes and sessions had been undertaken to sensitize against the ills of farm residue burning and that it had mooted a proposal for a pilot project with the Central Government, to track such incidents through remote sensing. That proposal appears to be pending consideration. The Union s counsel had indicated that a committee on the lines suggested by the court had been constituted which had met and discussed the issue. 6. Considering the facts on record and the submission of the parties, and given that the Kharif crop is to be harvested, there is strong likelihood that W.P.(C) Nos.1346/2015 & 2115/2015 Page 4 of 7

5 the burning of agricultural residue will be resorted to, inthis season as well. The effects of such practice can again be traumatic for most people and catastrophic for some. 7. In order to prevent and minimize burning of agriculture waste, it is directed as follows: 1) All the States shall implement the respective notifications and directions issued by them under the Air Pollution Act banning the burning of crop residue/paddy straw strictly, in letter and in spirit. 2) Reports of the prosecutions launched/implementations for preventing burning of agricultural waste will be filed in this Court every week w.e.f ) The State Governments are to issue directions/orders to all the companies/plants including biomass plants, cement plants and power generation plants and public undertakings involved in the manufacturing of boards and rough paper, to discharge their corporate social responsibility by collecting the crop residue from the fields of farmers by providing them with money as consideration for lifting the agricultural residue. The implementation of the aforesaid directions/order would not entail any cost or financial dependence of the States on the Central Government to prevent stubble burning and consequential severe air pollution. 4) The authorities of each State will strictly implement the Graded Response Action Plan issued under the Notification dated W.P.(C) Nos.1346/2015 & 2115/2015 Page 5 of 7

6 5) The Ministry of Environment, Forest and Climate Change will obtain weekly reports from the Special Committees established by each of these States on the steps taken in the concerned States to prevent burning of agricultural waste/stubble. 6) The Union of India will monitor the sites where agricultural waste is found to have been burnt by satellite tracking for monitoring/study of weather, i.e. update Satellite Imagery in terms of inputs from the Centre/Government/MoEF and Climate change. 7) It has been mentioned that in Punjab specifically the District Collector, Sagrur; District Collector, Patiala; District Collector, Karnal; Chief Secretary, Punjab; Chief Secretary, NCT of Delhi; District Collector, Muzaffarnagar; Managing Director, NTPC; Secretary (S&T) and Joint Secretary (MoNRE) will share their inputs and experiences on biomass management in their respective districts and sectors. 8) This initiative which is being followed in these districts can be immediately replicated in other districts in the other States. 9) The states concerned, especially those having locales where smog formation is most likely, are to inform members of the public, the protective measures to be taken by them to safeguard their health. These measures include, but are not confined to weather, smog/smoke forecasts, wherever particulate matter is likely to concentrate highest, any day, or during any part of any day, to appraise the populace and general public through electronic mass media appeals and broadcasts, the other preventive measures to be taken, such as availability of gas masks, etc, when the W.P.(C) Nos.1346/2015 & 2115/2015 Page 6 of 7

7 concentration levels are alarmingly high, making available such protective gear, in advance to those public personnel who are likely to be vulnerable, such as police, watch and ward staff, workers exposed to the elements, etc. 8. These preventive measures are to be given effect to forthwith. All the States, the Govt. of NCT of Delhi and the Union of India, shall file brief affidavits disclosing the measures taken to comply with the above order, before the next date of hearing. 9. The GNCTD; Ministry of Environment, Forest and Climate Change; local bodies of Delhi SDMC/NDMC/EDMC/NDMC/DCB and the National Thermal Power Corporation (NTPC) shall file the latest status report through separate affidavits with respect to the latest position, having regard to the previous orders, with respect to the enhancement of capacity of waste-to-energy power plants; the provision for fresh site to accommodate waste disposal through landfills etc. and the steps taken so far with respect to solid waste management and disposal. List the cases for further directions on 16 th October, Order dasti to the learned counsel for the parties under the signatures of the Court Master. S. RAVINDRA BHAT, J SEPTEMBER 22, 2017 kks SUNIL GAUR, J W.P.(C) Nos.1346/2015 & 2115/2015 Page 7 of 7