ORDER

1. The matter pertains to the environment pollution with which we are faced with today. Not only the air pollution is being caused unabettingly, but we are also faced with the pollution of rivers in the country. With respect to the pollution been caused in Delhi and NCR, this Court while considering IA No.127792 of 2017 has passed various orders and disposed of the application dated 29.1.2018 and while taking up the matter relating to the aforesaid Interlocutory Application on 14.10.2019 required the Ministry of Environment, Forest and Climate Change, Government of India to submit its response along with a status report. The matter was thereafter listed on 4.11.2019. Report No.106 was filed by EPCA with respect to pollution in hot spots in Delhi and NCR regions. Following order was passed by this Court on 4.11.2019:

“We have heard Mr. Bhurelal, who has pointed out about irrigation.

We have also heard some experts from the Ministry and the IIT and learned senior counsel for the parties and Amicus Curiae.

Today everyone is concerned about level of pollution in Delhi and NCR region. This is not something new, every year this kind of piquant situation arises for a substantial period. It is compounded by the fact that year to year in spite of various directions issued by High Court, other authorities including this Court the State Governments, Government of NCT of Delhi and the corporations of Delhi and nearby States are not performing their duties as enjoined upon them. This is a shocking state of affairs in which we are put as on today. This is blatant and grave violation of right to life of the sizeable population by all these actions and the scientific data which has been pointed out indicates that life span of the people is being reduced by this kind of pollution which is being created and that people are being advised not to come back to Delhi or to leave the Delhi due to severe pollution condition which has been created. There cannot be large scale exodus. People have to perform their duty in Delhi also and people cannot be evacuated from Delhi being a capital city. We are at a loss to understand why we are not able to create a situation in which this kind of pollution does not take place, that too in a routine manner every year. Obviously, it is writ large that the State Governments, Government of NCT of Delhi and civic bodies have miserably failed to discharge their liability as per the directive principles of State Policy which have found statutory expression, they are being made statutory mockery and also the directions of this Court and High Courts in this regard are being violated with impunity.

Time has come when we have to fix the accountability for this kind of situation which has arisen and is destroying Right to Life itself in gross violation of Article 21 of the Constitution of India. No farmer can be said to be having a right under the guise that he is not having sufficient time to use the stubble for the purpose of manure, since they have less time between two crops, cutting and sowing of next crop. As such, they cannot by burning it in their fields, put life of sizeable population in jeopardy.

It is apparent from the satellite images which have been produced before us for the period 30.10.2019 to 04.11.2019. The satellite image clearly indicates that in Punjab there is widespread stubble burning which has taken place as compared to Haryana, in which only in four districts it has taken place. There is some burning in Western U.P. also. It could not have taken place even in a singular district or gram panchayat area as we live in a civilized country in which such kind of activities which create such menacing pollution not only in the area concerned but to the neighboring States also, by ill-effects of that people cannot be left to die or to suffer various ailments.

Everybody has to be answerable including t