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2019 Supreme(SC) 2321
SUPREME COURT OF INDIA
ARUN MISHRA, DEEPAK GUPTA, JJ.
M.C. MEHTA - Petitioners
Vs.
UNION OF INDIA & ORS. - Respondents
Writ Petition(s)(Civil) No(s). 13029/1985
with
SLP(C) No. 13208/1998 (XVI)
with
W.P. (C) No. 1333 of 2019 (Item No. 309)
(for admission and ex-parte stay and permission to appear in person)
Civil Appeal No(s). 4908-4909/2019 (Item No. 311)
with
C.A. No. 9780-9782/2018 (XVII)
Decided On : 13-11-2019
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, Ms. Pinky Anand, ASG, Mr. Wasim A. Qadri, Sr. Adv., Ms. Ruchira Gupta, Adv., Ms. Archana Pathak Dave, Adv., Mr. Vibhu Shankar Mishra, Adv., Mr. Rajat Nair, Adv., Mr. Anurag Sharma, Adv., Mr. Merusagar Samantray, Adv., Ms. Smita Choudhary, Adv., Ms. Suhasini Sen, Adv., Mr. M. Samantaraj, Adv., Mr. S. S. Rebello, Adv., Mr. D. L. Chidananda, Adv., Mr. Rajesh Kumar Singh, Adv., Mr. Raj Bahadur Yadav, Adv., Ms. Snidha Mehra, Adv., Ms. Tanisha Samanta, Adv., Mr. B. V. Balram Das, Adv., MR. G.S. MAKKER, ADVOCATE, Mr. Anil Grover, AAG, Mr. Satish Kumar, Adv., MR. SANJAY KR. VISEN, ADVOCATE, Mr. G. S. Makker, Adv., Mr. V. G. Pragasam, Adv., Mr. R. Sathish, Adv., Mr. Parijat Sinha, Adv., Mr. G. Prakash, Adv., Ms. A. Subhashini, Adv., Mr. Vijay Panjwani, Adv., Mr. Saurabh Mishra, Adv., Mr. Abhishek Singh, Adv., Mr. Samridhi Pal, Adv., Ms. Aashnaa Bhatia, Adv., Ms. Hemantika Wahi, Adv., Mr. Naresh Kaushik, Adv., Ms. Lalitha Kaushik, Adv., Mr. Manoj Joshi, Adv., Mr. Lakshay Juneja, Adv., Mr. Rahul Sharma, Adv., Mr. Abhishek Verma, Adv., Mr. K. M. Nataraj, ASG, Ms. Suhasini Sen, Adv., Mr. R. K. Chaurasiya, Adv., Dr. Nishesh Sharma, Adv., Mr. G. S. Makker, Adv., Mr. Pradeep Misra, Adv., Mr. Suraj Singh, Adv., MR. KAMLENDRA MISHRA, ADVOCATE, Mr. Raghvendra Kumar, Adv., Mr. Narendra Kumar, Adv., Mr. Satya Mitra, Adv., Mr. Chandan Kumar, Adv., Mr. Nikunj Dayal, Adv., MS. RUCHI KOHLI, ADVOCATE, MR. B.V. BALRAMDAS, ADVOCATE, Mr. Dhruv Mehta, Sr. Adv., Mr. CHIRAG M. SHROFF, ADVOCATE, Mr. Jyoti Mehndiratta, Adv., Ms. Mahima C. Shroff, Adv., Ms. Yashika Verma, Adv., Ms. Riya Thomas, Adv., Mr. Sanjiv Sen, Sr. Adv., MR. PRAVEEN SWARUP, ADVOCATE, Ms. Puja Kalra, Adv., Mr. Suvesh Kumar, Adv., Mr. B. C. Santosh Kumar, Adv., Mr. Virendra Singh, Adv., Mr. Sayan Ray, Adv., Mr. Sandeep Narain, Adv., Ms. Nivedita Nair, Adv., for M/s S. NARAIN AND Co., Mr. Manu Aggarwal, Adv., Mr. JASMEET SINGH, ADVOCATE, Mr. Saif Ali, Adv., Ms. Rusheet Saluja, Adv., Mr. S. M. Tripathi, Adv., Mr. K. V. Vishwanathan, Sr. Adv., Ms. PRITHA SRIKUMAR IYER, ADVOCATE, Ms. Mansi Binjrajka, Adv., MR. ALOK SHUKLA, ADVOCATE, Mr. Yoginder Handoo, Adv., Mr. Nishant Kumar, Adv., Mr. R. K. Vats, Adv., Ms. Susmita Lal, Adv., MR. PRANAV SACHDEVA, ADVOCATE, Ms. Neha Rathi, Adv., Mr. Jatin Bhardwaj, Adv., MR. MOHIT D. RAM, ADVOCATE, MR. TARUN JOHRI, ADVOCATE, Mr. Satya Mitra, AOR, Ms. Nidhi Mohan Parashar, AOR, Mr. Yoginder Handoo, AOR, Mr. Praveen Swarup, AOR, Mr. Chirag M. Shroff, AOR, Mr. Nikunj Dayal, AOR, Mrs. Lalita Kaushik, AOR, Mr. Chirag M. Shroff, AOR, Mr. Gurmeet Singh Makker, AOR, Mr. Saurabh Mishra, AOR, Mr. Chandan Kumar, AOR, Ms. Susmita Lal, AOR, Mr. Shree Pal Singh, AOR, Mr. Ashish Rana, AOR, Mr. Satya Mitra, AOR, Mr. Praveen Swarup, AOR
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 :
REPORT NO. 103 SUBMITTED BY EPCA
Let affidavit be filed by the Union of India within one week from today.
List on 25.11.2019.
IN RE: DIESEL VEHICLES
IA NO. 79444, 177432/2018 and 142872/2019
As the conversion to duel fuel is possible, as apparent from the documents and the reply filed by the Govt. Of India, let the interested persons file their response to the same within a period of 10 days from today.
List on 25.11.2019.
REPORT NO. 104 SUBMITTED BY EPCA
Reply by DMRC be filed within 10 days.
List on 06.12.2019.
IA Nos. 176097/2018, 39622/2019, 72210/18 and 72236/2018 and 119813 & 119815/2019 and 110238/2019
Objections, if any, be filed on or before 28.11.2019.
List on 06.12.2019.
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RE : SMOG IN DELHI
We have asked the learned counsel appearing for the Union of India as well as the Government of NCT of Delhi to convene a meeting by tomorrow for working out the feasibility of installation of smog towers which take care of the smog within certain range of kilometers, to say 3 to 10 kms and place their concrete proposal before us as it is an urgent matter from the point of view of Delhi.
We direct the Central Pollution Control Board (CPCB) to produce the record of each and every day from 02.11.2019, including that of 11th and 12th November, 2019, which were not odd/even days, till 14.11.2019. The record of the month of October, 2019 shall also be produced before this Court. The day-to-day record of the last year, maintained by CPCB, for the same period from 01.10.2018 till 31.12.2018 and January and February 2019 be also placed on record before this Court. Let the requisite affidavit be filed on or before 15.11.2019.
As requested by Mr. Dhruv Mehta, learned senior counsel, let additional documents/affidavit be filed during the course of the day.
Notice be issued in W.P. (C) No. 1333 of 2019 (Item No. 309 - Odd/even case) and be listed along with this matter on 15.11.2019.
A copy of the writ petition be furnished on the standing counsel for the respondent.
Civil Appeal No. 4908-4909 of 2019 [ITEM NO. 311]
List on 06.12.2019.
