M. C. MEHTA vs UNION OF INDIA - 2019 Supreme(SC) 2322

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 2322

SUPREME COURT OF INDIA
ARUN MISHRA, DEEPAK GUPTA, JJ.
M.C. MEHTA - Petitioners
Vs.
UNION OF INDIA & ORS. - Respondents
Writ Petitions (Civil) No(s). 13029/1985
WITH
SMW(C) No. 3/2019 (PIL-W)
Decided On : 06-11-2019

Advocates Appeared:
MR. HARISH N. SALVE, SR. ADVOCATE (A.C.), [NOT PRESENT], MS. APARAJITA SINGH, SR. ADVOCATE (A.C.), MR. A.D.N. RAO, ADVOCATE (A.C.), MR. SIDDHARTHA CHOWDHURY, ADVOCATE (A.C.), Mr. K. K. Venugopal, Attorney General, Mr. Tushar Mehta, Solicitor General, Mr. A. N. S. Nadkarni, ASG, Mr. V. Shekhar, Sr. Adv., Ms. Aishwarya Bhati, Sr. Adv., Mr. Wasim A. Qadri, Sr. Adv., Mr. Anil Grover, AAG, Mr. Rahul Khurana, Adv., Mr. Satish Kumar, Adv., Mr. Sanjay Kumar Visen, Adv., Mr. Vibhu Shankar Mishra, Adv., Mr. Rajesh K. Singh, Adv., Mr. Rajeev Kumar Dubey, Adv., Mr. Garvesh Kabra, Adv., Ms. Chitrangda Rathore, Adv., Mr. Kamlendra Mishra, Adv., Mr. D. L. Chidananda, Adv., Ms. Archana Pathak Dave, Adv., Ms. Suhasini Sen, Adv., Mr. S. S. Rebello, Adv., Mr. G. S. Makker, Adv., Ms. Snidha Mehra, Adv., Mr. Raj Bahadur Yadav, Adv., Mrs. Anil Katiyar, Adv., Mr. B. V. Balram Das, Adv., Mr. Charanpal Singh Bagri, Adv., Ms. Gurjit Kaur Bagri, Adv., Mr. Pradeep Misra, Adv., Mr. Suraj Singh, Adv., Mr. P. S. Narasimha, Sr. Adv., Ms. Uttara Babbar, Adv., Ms. Bhavana Duhoon, Adv., Mr. Manan Bansal, Adv., Ms. Sindoora, Adv., Mr. Rahul G. Tanwari, Adv., Ms. Aditi Tripathi, Adv., Mr. Gopal Sankaranarayanan, Sr. Adv., Mr. Senthil Jagadeesan, Adv., Ms. Sonakshi Malhan, Adv., Ms. Shruiti Chowdhary, Adv., Ms. Mrinal Kanwar, Adv., Mr. Shrutanjaya Bhardwaj, Adv., Mr. Vishal Sinha, Adv., Mr. Anil Grover, AAG, Dr. Monika Gusain, Adv., PETITIONER-IN-PERSON, MR. G.S. MAKKER, ADVOCATE, MR. B.K. PRASAD, ADVOCATE, MR. SANJAY KR. VISEN, ADVOCATE, MR. PRADEEP MISRA, ADVOCATE, MS. RUCHI KOHLI, ADVOCATE, MR. B.V. BALRAMDAS, ADVOCATE, MS. ANIL KATIYAR, ADVOCATE, Mr. Dhruv Mehta, Sr. Adv., Mr. CHIRAG M. SHROFF, ADVOCATE, Ms. Jyoti Mendiratta, Adv., Ms. Mahima C. Shroff, Adv., Ms. Yashika Verma, Adv., Ms. Riya Thomas, Adv., Mr. Sanjiv Sen, Sr. Adv., Mr. PRAVEEN SWARUP, ADVOCATE, Mr. Suvesh Kumar, Adv., Mr. Kanishk Chaudhary, Adv., Mr. Ajay Bansal, Adv., Mr. Gaurav Yadava, Adv., Mr. Sayan Ray, Adv., Mr. Soumo Palit, Adv., Ms. Garima Prashad, Adv., Mr. G. S. Oberoi, Adv., Mr. Mohit Kumar Bansal, Adv., MS. UTTARA BABBAR, ADVOCATE, MR. SENTHIL JAGADEESAN, ADVOCATE

Headnote:
Order - Comments and recommendations made by EPCA on report of Sub-Committee of High Level Task Force on prevention of stubble burning in Punjab, Haryana and Western Uttar Pradesh was considered by Court - Court directed High Level Task Force to adhere to time lines decided upon by itself and to ensure full compliance by all concerned - Court also directed Union of India to give publicity to Report of High Level Task Force so that people are aware of action being taken - Publicity can be given through print and electronic media as well - Whether orders of this Court in this regard are being appropriately carried out or not and submit a report to this Court – Held, It is apparent from table extracted in order that contribution to large extent is made by aforesaid factors and stubble burning in other States has contributed to 40% to 44% only - It is shocking state of affairs that in National Capital of Delhi there are unpaved roads/pits - Court have not been able to take care of road dust in spite of spending huge amount every year, open dumping and waste, garbage burning is still taking place - This is reflective of a total apathy of officers and lack of planning and non-accountability for money spent, which is responsible for situation in which Court are put today - It is only Monitoring Committee which is doing its job effectively, otherwise position would have been much worse - Court expect all authorities to take care of situation, Court request Monitoring Committee also to look into these aspects and compliance is made - Court authorize them to look into these aspects, whether orders of this Court in this regard are being appropriately carried out or not and submit a report to this Court - Court hope and trust that statement made by Chief Secretary is carried out in true letter and spirit and let a compliance report in this regard be filed in this Court, taking steps not only with respect to these works but various hot spots which have been pointed out with respect to Delhi by Government of NCT of Delhi, with respect to other places such as Faridabad, Gurugram etc., Court direct concerned Chief Secretary to States to take care of those hot spots and to submit a compliance report of needful - With respect to unpaved roads/pits, there should ideally be no pits/potholes as they are cause of various accidents and accidental deaths - There are uncovered chambers also which are left - Unpaved roads have also contributed to pollution and dust – Ordered accordingly.

ORDER :

1. Heard Sh. K. K. Venugopal, learned Attorney General for India, Sh. Tushar Mehta, learned Solicitor General of India, Mr. A.N.S. Nadkarni, learned Additional Solicitor General, Mr. P.S. Narasimha, learned senior counsel.

2. We have also heard the Chief Secretaries to the States of Punjab, Haryana, Uttar Pradesh and Govt. of NCT of Delhi in extensive detail, who have appeared today pursuant to our order dated 04.11.2019. We have also heard Mr. Charanpal Singh Bagri, learned counsel appearing for the farmers. We have heard Mr. Bhure Lal as well.

3. We find that in advance, no serious groundwork was made by the concerned States where the stubble burning is taking place. This Court passed an order on 29.01.2018. The comments and recommendations made by EPCA on the report of the Sub-Committee of the High Level Task Force on prevention of stubble burning in Punjab, Haryana and Western Uttar Pradesh was considered by this court. This Court directed the High Level Task Force to adhere to the time lines decided upon by itself and to ensure full compliance by all concerned. This Court also directed the Union of India to give the publicity to the Report of the High Level Task Force so that the people are aware of the action being taken. Publicity can be given through the print and electronic media as well. Thus, in the pious hope that stubble burning and its impact on the environment shall be taken care of, this Court disposed of the application.

4. The Report of the Sub-Committee of the High Level Task Force on stubble burning in Punjab, Haryana and Western Uttar Pradesh has been placed on record, in which a suggestion was made to offer Rs. 100/- per quintal as incentive and disincentive both.

5. The Chief Secretary to the States of Punjab has placed on record the action plan for control of burning of the crop in the State of Punjab dated 01.10.2019. However, the same does not contain the proposal to pay Rs. 100/-. The steps taken by the State of Punjab, pursuant to the order passed by this Court on 04.11.2019 have been placed on record by the Chief Secretary, which we take on record, in which a suggestion has been made to offer financial support in the form of operational cost of crop residue management equipment to play a positive role to achieve zero stubble burning. It has been proposed that the amount of Rs. 100/- per quintal would come to Rs. 2000-2500/- per acre. It was also stated that there is a crop of approximately 24 quintals per acre.

6. Be that as it may, we direct, in the facts and circumstances of the case, to take care of the stubble, which has not been burnt by the small and marginal farmers in the States of Punjab, Haryana and Western Uttar Pradesh and to provide them financial support, quantified amount at Rs. 100/- per quintal of Non-Basmati Paddy, shall be given to those farmers within seven days from today by the State Governments to those who have not burnt the stubble.

7. The Central Government has provided the Scheme of Promotion of Agricultural Mechanization in the States of Punjab, Haryana, Uttar Pradesh and NCT of Delhi for the period of 2018-19 and 2019-20 with a total outlay of Rs.1151.80 Crores for in-situ Crop Residue Management such as Super Straw Management System for Combine Harvesters, Happy Seeders, Hydraulically Reversible MB Plough, Paddy Straw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill and Rotavators are promoted with 50% subsidy to the individual farmers and 80% subsidy for establishment of Custom Hiring Centres of these machines. The Central Government has disbursed its 100% share of funds amounting to Rs. 269.38 Crores, Rs. 137.84 crores, Rs. 148.60 Crores and Rs. 28.51 Crores to the States of Punjab, Haryana, Uttar Pradesh and Central Agencies respectively.

8. It appears from the statements made by the Chief Secretary to the State of Punjab and Mr. Charanpal Singh Bagri, learned counsel appearing for the farmers that most of the farmers burning stubble are of the category of sma

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2019 Supreme(SC) 2322

SUPREME COURT OF INDIAARUN MISHRA, DEEPAK GUPTA, JJ.M.C. MEHTA - PetitionersVs.UNION OF INDIA & ORS. - RespondentsWrit Petitions (Civil) No(s). 13029/1985WITHSMW(C) No. 3/2019 (PIL-W)Decided On : 06-11-2019

Cases Referred (1)

SUPREME COURT OF INDIA
ARUN MISHRA, DEEPAK GUPTA, JJ.
M.C. MEHTA - Petitioners
Vs.
UNION OF INDIA & ORS. - Respondents
Writ Petitions (Civil) No(s). 13029/1985
WITH
SMW(C) No. 3/2019 (PIL-W)
Decided On : 06-11-2019