M. C. MEHTA vs UNION OF INDIA - 2019 Supreme(SC) 2327

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 2327

SUPREME COURT OF INDIA
ARUN MISHRA, DEEPAK GUPTA, JJ.
M.C. MEHTA - Petitioners
Vs.
UNION OF INDIA & ORS. - Respondents
Writ Petitions (Civil) No(s). 3029/1985
WITH
SLP(C) No. 13208/1998 (XVI)
WITH
C.A. No. 9780-9782/2018 (XVII)(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
127600/2018
FOR EX-PARTE AD-INTERIM RELIEF ON IA 127603/2018
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 24860/2019
IA No. 127603/2018 - EX-PARTE AD-INTERIM RELIEF
IA No. 127600/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
C.A. No. 9783/2018 (XVII)(IA No. 118214/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 88157/2019 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 163563/2018 - CLARIFICATION/DIRECTION
IA No. 127540/2018 - EX-PARTE AD-INTERIM RELIEF
IA No. 127539/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 118211/2019 - INTERVENTION APPLICATION
IA No. 69892/2019 - INTERVENTION/IMPLEADMENT
IA No. 97168/2019 - INTERVENTION/IMPLEADMENT
IA No. 97157/2019 - INTERVENTION/IMPLEADMENT
IA No. 163563/2018 - INTERVENTION/IMPLEADMENT
IA No. 97150/2019 - INTERVENTION/IMPLEADMENT
IA No. 121389/2019 - INTERVENTION/IMPLEADMENT
IA No. 97140/2019 - INTERVENTION/IMPLEADMENT
IA No. 119161/2019 - INTERVENTION/IMPLEADMENT
IA No. 97130/2019 - INTERVENTION/IMPLEADMENT
IA No. 97119/2019 - INTERVENTION/IMPLEADMENT
IA No. 89253/2019 - INTERVENTION/IMPLEADMENT
IA No. 99434/2019 - INTERVENTION/IMPLEADMENT
IA No. 99431/2019 - INTERVENTION/IMPLEADMENT)
C.A. No. 9785/2018 (XVII)(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
133034/2018, FOR EX-PARTE AD-INTERIM RELIEF ON IA 133038/2018
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 157075/2018
IA No. 157075/2018 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 133038/2018 - EX-PARTE AD-INTERIM RELIEF
IA No. 133034/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
Diary No(s). 48292/2018 (XVII)
(IA FOR PERMISSION TO FILE APPEAL ON IA 15065/2019
FOR CONDONATION OF DELAY IN FILING APPEAL ON IA 15067/2019
FOR EX-PARTE STAY ON IA 15068/2019
FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
15070/2019
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
15071/2019
IA No. 15067/2019 - CONDONATION OF DELAY IN FILING APPEAL
IA No. 15068/2019 - EX-PARTE STAY
IA No. 15070/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 15071/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 15065/2019 - PERMISSION TO FILE APPEAL)
C.A. No. 4906-4907/2019 (XVII)(IA No. 58284/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
C.A. No. 3610-3611/2019 (XVII)
Diary No(s). 12263/2019 (XVII)
(FOR ADMISSION and IA No.67873/2019-PERMISSION TO FILE APPEAL and
IA No.67874/2019-CONDONATION OF DELAY IN FILING APPEAL and IA
No.67876/2019-APPROPRIATE ORDERS/DIRECTIONS and IA No.67875/2019-
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Decided On : 04-11-2019

Advocates Appeared:
Mr. Harish N. Salve, Sr. Advocate (A.C.), Ms. Aparajita Singh, Sr. Advocate (A.C.), Mr. A.D.N. Rao, Advocate (A.C.), Mr. Siddhartha Chowdhury, Advocate (A.C.), Mr. A. N. S. Nadkarni, ASG, Mr. S. Wasim A. Qadri, Sr. Adv., Mr. D. L. Chidananda, Adv., Ms. Suhasini Sen, Adv., Mr. Rajesh K. Singh, Adv., Mr. S. S. Rebello, Adv., Ms. Archana Pathak Dave, Adv., Mr. Vibhu Shankar Mishra, Adv., Mrs. Snidha Mehra, Adv., Mr. B.V. Balramdas, Advocate, Mr. Raj Bahadur Yadav, Adv., Mr. G. S. Makker, Adv., Ms. Anil Katiyar, Advocate, Mr. A.N.S. Nadkarni,ASG, Mr. S. Wasim A. Qadri,Sr.Adv., Mr. M. Samantaraj,Adv., Ms. Ruchira Gupta,Adv., Mr. B.V. Balramdas,Adv., Mr. Merusagar Samantray,Adv., Mr. K.M. Natraj,ASG, Mr. Nishesh Sharma,Adv., Ms. Suhasini Sen,Adv., Mr. Rajan Kr. Chourasia,Adv., Mr. G.S. Makker,Adv., Mr. Gopal Sankaranarayanan, Sr. Adv., Mr. Senthil Jagadeesan, Advocate, Ms. Sonakshi Malhan, Adv., Ms. Shruiti Chowdhary, Adv., Ms. Mrinal Kanwar, Adv., Ms. Shrutanjaya Bhardwaj, Adv., Mr. Dhruv Mehta, Sr. Adv., Mr. Chirag M. Shroff, Adv., Ms. Mahima C. Shroff, Adv., Ms. Yashika Verma, Adv., Ms. Riya Thomas, Adv., Mr. K. V. Vishwanathan, Sr. Adv., Ms. Pritha Srikumar Iyer, Advocate, Mr. Arun Srikumar, Adv., Ms. Mansi Binjrajka, Adv., Mr. Devadat Kamat, Sr. Adv., Mr. Hardik Luthra, Adv., Mr. Ram Parashar, Adv., Mr. Alok Shukla, Advocate, Mr. Sanjiv Sen,Sr.Adv., Mr. Praveen Swarup, AOR, Mrs. Puja Kalra,Adv., Mr. B.C. Santosh Kumar,Adv., Mr. Suvesh Kumar,Adv., Mr. Anil Grover, AAG, Dr. Monika Gusain, Adv., Ms. Noopur Singhal, Adv., Mr. Satish Kumar, Adv., Mr. Sanjay Kr. Visen, Advocate, Mr. Pradeep Misra, Advocate, Mr. Suraj Singh, Adv., Ms. Ruchi Kohli, Advocate, Ms. Garima Prashad, Adv., Mr. G. S. Oberoi, Adv., Mr. Mohit Kumar Bansal, Adv., Mr. Ajay Bansal, Adv., Mr. Praveen Swarup, Adv., Mr. Suvesh Kumar, Adv., Ms. Puja Kalra, Adv., Mr. Suvesh Kumar, Adv., Mr. Pranav Sachdeva, Advocate, Ms. Neha Rathi, Adv., Mr. Jatin Bhardwaj, Adv., Ms. Monika Arora, Adv., Mr. Akash Deep Gupta, Adv., Mr. Mohit D. Ram, Advocate, Mr. Vishal Khanna, Adv., Mr. Nitish Pathania, Adv., Mr. Tarun Johri, Advocate, Mr. Ankur Gupta, Adv., Petitioner-In-Person, Mr. B.K. Prasad, Advocate, Mr. Satya Mitra, AOR, Ms. Nidhi Mohan Parashar, AOR, Mr. Yoginder Handoo, AOR, Mr. Nikunj Dayal, AOR, Mr. Nishant Kumar,Adv., Ms. Maya Mukherjee,Adv., Mr. Naresh Kaushik,Adv., Mr. Manoj Joshi,Adv., Mr. lakshay Juneja,Adv., Mr. Rahul Sharma,Adv., Mrs. Lalita Kaushik, AOR, Mr. Saurabh Mishra, AOR, Mr. Abhishek Singh,Adv., Mr. Samridhi Pal,Adv., Ms. Aashnaa Bhatia,Adv., Mr. Chandan Kumar, AOR, Mr. Gaurang Kanth,Adv., Ms. Prapti Mehta,Adv., Mr. R.K. Vats,Adv., Ms. Susmita Lal, AOR, Mr. Siddharth Acharya,Adv., Mr. Ankur Kumar,Adv., Ms. Megha Sharma,Adv., Mr. Nitesh mankar,Adv., Mr. Shree Pal Singh, AOR, Mr. Ashish Rana, AOR, Mr. Satya Mitra, AOR

Headnote:
Constitution of India, 1950 - Article 21 - Severe - Level of pollution - This is blatant and grave violation of right to life of sizeable population by all these actions and scientific data which has been pointed out indicates that life span of 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 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 - It is apparent from satellite images which has been produced before Court for period - 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 live in a civilized country in which such kind of activities which create such menacing pollution not only in area concerned but to neighbouring States - Whether if three wheelers and taxies are plying more on road during such restriction and relevant data be placed – Held, In Gram Panchayats by beat of drums also and other modes to ensure that villagers are made aware of their responsibility and liability towards other humans so that they do not involve in such acts - Let Gram Panchayat, police station, district and taluk levels by concerned administration take steps in this regard - Steps taken be informed to this Court on by concerned Chief Secretaries of three States and Government of NCT of Delhi - It was also submitted, learned senior counsel that in certain States generators are also being used which increase pollution mainly due to cut off of electricity supply - Generators in Delhi also add to pollution in Delhi as well as in NCR region - Let State Governments and Government of NCT of Delhi ensure that electricity is not cut so that generators are not used and let no generators be used till next date of hearing except in emergency/healthcare services - Directions/order to be effective unless otherwise ordered.

ORDER :

I.A. NO.130216 & 130219

List after two weeks.

REPORT NO. 106 SUBMITTED BY EPCA (SPECIAL REPORT ON POLLUTION HOT SPOTS IN NCR WITH REQUEST FOR URGENT DIRECTIONS TO IMPROVE ENFORCEMENT AND POLLUTION CONTROL)

IN RE: STUBBLE BURNING (IA NOS. 127792/2017, 158128 & 158129/2019

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 has 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 neighbouring States also, by ill-effects of that people cannot be left to die or to suffer various ailments.

Everybody has to be answerable including the top state machinery percolating down to the level of gram panchayat. The very purpose of giving administration power up to the panchayat level is that there has to be proper administration and there is no room for such activities. The action is clearly tortuous one and is clearly punishable under statutory provisions, besides the violation of the Court’s order. In the circumstances, as widespread stubble burning has taken place, we direct the States of Punjab and Haryana and adjoining State of Uttar Prad

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