Supreme Court asks Punjab, Haryana to spell out steps taken against stubble-burning

Amid reports of stubble-burning resulting in worsening of air quality index (AQI) in Delhi-NCR, the Supreme Court on Wednesday asked the governments of Punjab and Haryana to spell out the steps taken by them to check it.

"Let the Punjab and Haryana governments respond on the steps taken to control stubble-burning," a three-judge Bench led by Chief Justice of India BR Gavai said, posting the matter for November 17.

According to the Central Pollution Control Board (CPCB), Delhi recorded an average Air Quality Index (AQI) of 418 in the last 24 hours.

Amicus curiae Aparajita Singh submitted that farmers were avoiding detection by the satellite which passes the region by delaying stubble-burning and burning it after the satellite passes.

"There is a NASA scientist… he says that the crop (residue) is burnt after the satellite passes. He has analysed it through the European and Korean satellites and has said that they have delayed the burning of the crops in tune with the passing of the satellite…this is a little important,” Singh said.

Flagging discrepancies in official data, she said the situation was "very dangerous" and that if the NASA scientist was right, then the data collected on stubble-burning may not be authentic.

Referring to a news report, she said farmers were allegedly being told by the administration to burn stubble only at a particular time. Terming it as “alarming”, she urged the Bench to ask the CAQM to respond to it.

The Bench, however, said it will take up the matter on Monday.

The amicus curiae had on Tuesday told the Bench that stubble-burning in Punjab and Haryana has led to worsening of air pollution levels in Delhi-NCR.

Singh had urged the Bench to seek responses from the governments of Punjab and Haryana as NASA satellite images showed stubble-burning in the two states was worsening to an already severe air pollution level in Delhi-NCR.

At the outset of the hearing on Wednesday, senior advocate Gopal Sankarnarayanan said that currently GRAP III (Graded Response Action Plan) was in force. "Grap IV should be implemented. The AQI has crossed 450 at some places. There is drilling excavation happening outside a court here... That shouldn't happen at least within these premises," Sankarnarayanan said.

The Bench said action would be taken with regard to construction activities.

GRAP is a framework designed to tackle air pollution in Delhi-NCR region through a tiered system of measures based on the severity of air quality.

One of the advocates said, "There is a huge problem… the data getting uploaded is false.”

On behalf of the Central Pollution Control Board (CPCB), Additional Solicitor General Aishwarya Bhati said, "We have filed a status report, officers are also present in the court, they will explain everything."

"Right now, as it is reaching a hazardous state, my lords may take up urgently, we request that. My lords may take it up tomorrow, if they could explain what is happening on the monitoring issue," the amicus curiae submitted.

Only nine of Delhi's 37 air quality monitoring stations were functioning on Diwali – when the city was smothered by toxic smog of chemicals from 'green' firecrackers, dust and vehicular pollution, and hazardous particulate matter from farm fires – the amicus curiae had told the Bench on November 3.

‘Over 4,300 stubble-burning incidents in Punjab, Haryana between Sep 15 and Nov 10’

Over 4,000 and 360 incidents of stubble-burning in Punjab and Haryana were detected between September 15 and November 10 and over 1,500 polluting industrial units have been closed in Delhi, Haryana, Uttar Pradesh and Rajasthan to contain the air pollution in the national capital region, the Supreme Court was told.

The steps taken so far to deal with the worsening air pollution levels in Delhi-NCR were referred to in separate affidavits filed by the Commission for Air Quality Management and the Central Pollution Control Board.