Pollution levels not to be left as an ‘act of God’: SC

NEW DELHI: The Supreme Court on Wednesday said that pollution levels in the national capital should not be left to “an act of God”, urging the Union government to instead devise a scientific model, based on seasons and wind conditions, for taking all remedial and urgent steps in anticipation of the air quality.

“There has to be a statistical model for Delhi. This is the national capital. Imagine the kind of signals we are sending to the world. You have to have a system in anticipation of how the weather is going to be. Ad hoc measures will not be good enough,” said a bench, headed by Chief Justice of India NV Ramana, as it heard a public interest litigation on air pollution in Delhi-NCR.

“You have to have a scientific model based on seasons and wind directions which can reasonably be predicted by the metrological department. You have super computers now. You prepare a statistical model based on these inputs which will indicate the expected levels of pollution. Then you can take measures on the basis of this model. Why do Delhiites have to suffer severe or very poor level of pollution at all?” the bench, which also included justices Dhananjaya Y Chandrachud and Surya Kant observed.

The observations came as solicitor general Tushar Mehta, appearing for the central government, took the bench through various steps taken by the Commission for Air Quality Management (CAQM) in DelhiNCR and Adjoining Areas in the last one week to control the rising levels of pollution. He narrated measures including closure of thermal power plants, ban on old vehicles and use of road cleaning machines and sprinklers. The SG, however, conceded that the improvement in the pollution level could be chiefly attributed to a change in wind direction since November 21.

“So, we are saved because of the wind... we are dependent on an act of God. But we cannot go only by wind directions or Met department or act of God. Tell us what major steps you have taken,” the bench asked Mehta, who said that the prediction is that pollution levels will go downward over the next few days and that the situation will be reviewed by the Commission

after three days.

To this, the bench retorted: “This is all ad hoc. The Commission has to conduct a scientific study. Now, when we know the wind direction for the next seven days, there has to be a statistical model that if this is going to be the wind direction for the next few days, what should be the steps taken to improve the situation.”

The bench added: “Suddenly you start road cleaning machines, sprinkling water etc. but all that will not help in long term. The problem is that there is no scientific study done. Nature is given. You cannot do anything about the wind pattern. So, you have to devise a graded response based on the statistical model. Somebody has to conduct a study and propose measures. It has to be science based. It can’t be ad hoc.”

Mehta pointed out that there is a Supreme Court-approved Graded Response Action Plan (Grap), which provides for some immediate measures as soon as the pollution level reaches severe-plus.

“As you are suggesting, under the graded response plan, we wait for the weather to become severe for two days and then steps are taken. What you need to do is to have a system where you must act in anticipation of what the weather is going to be in next few days. You have weather predictions and other relevant information. Why should we reach such levels at all?” the bench asked the SG.

Mehta responded that under the Grap, pollution levels have been classified in different categories – severe, very poor, and so on. “You should be able to figure out what the standard pollution levels for Delhi will be in different weathers. You have to have a scientific model for different seasons for Delhi,” responded the bench.

Delhi and the National Capital Region, in an annual winter rerun, has been in the grip of hazardous air pollution as a toxic smog lingers over the Capital and its adjoining cities, leading to a public health emergency. This November has also seen the number of farm fires reaching a new high with the enforcement of a ban on the practice collapsing.

The city’s pollution levels on Wednesday began to worsen as winds weakened. The air quality index (AQI) was “poor” on Tuesday - for the first time since November 1 - with a reading of 290 recorded, according to the Central Pollution Control Board’s 4pm bulletin. The AQI reading shot up to 361 — in the “very poor” category — at 4pm on Wednesday.

The bench told Mehta that the mobile phone of one of the judges on the bench showed that the AQI was 350-plus and not 280, as was cited by the law officer. “There also some reports that the situation will become bad again after the evening today,” added the court. Mehta responded that the authorities will review the situation again after three days.

At this point, the CJI told Mehta that the top court would not let go of this 2020 PIL without examining the issues thoroughly. The bench asked Mehta to continue with the restrictive measures for the next few days, fixing November 29 as the next date of hearing.

Senior advocate Vikas Singh, who appeared for the 17-year-old petitioner, Aditya Dubey, appealed to the court for also dealing with the problem of stubble burning, which, he said, could be a seasonal problem but chokes Delhi-NCR during the pre-winter weeks. Singh said that farmers have to incentivised if farm fires have to come down.

The bench replied that it was currently focusing on the immediate measures to control air pollution and that a full-fledged discussion would be required on the issue of farm fires. “We wonder if there is any study on how much stubble has been removed from the fields and how much subsidies and incentives have been given to the farmers,” added the bench.

As the SG said that he would welcome a deliberation on the issue, the bench replied: “As a government lawyer and judges, we are discussing all this here. What has been the bureaucracy doing for all these years? Why can’t they sit with each other, visit fields, meet farmers and come up with something? Anyway, you continue with your steps as we are currently focusing on immediate measures.”

During the previous hearing November 17, the bench lamented that executive in the country is suffering from a “policy paralysis” and “inertia”, waiting for the top court to step in for bringing down the rising levels of air pollution in Delhi-NCR.

Expressing dissatisfaction over the steps taken by the Centre and state governments of Delhi, Haryana and Punjab to address the issue, the bench added that it expected the authorities to do much more than calling upon the court to issue directions on issues such as work-from-home, carpooling, and the use of sprinklers.

Earlier, on November 15, the bench gave the Centre and states with portions within NCR -Delhi, Haryana, Uttar Pradesh and Punjab -- 24 hours to come up with urgent steps to mitigate the crisis. The CAQM headed the meeting a day later, widened bans on construction work and in-person classes at schools and colleges to the larger NCR outside of Delhi.

The move, which came 12 days after hazardous air pollution first set in, also included a ban on the entry of trucks in the Capital unless they were carrying essential supplies and the shutting of six thermal power plants within a 300km radius of Delhi. Some of these activities have since been allowed as air quality has improved relatively over the past week.