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2019 Supreme(SC) 2320
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
C.A. No. 8187/2019 (XVII)
W.P.(C) No. 1333/2019 (PIL-W)
Decided On : 25-11-2019
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. Tushar Mehta, SG, Mr. Sanjay Jain, ASG, Mr. Saket Sikri, Adv., Ms. Ranjeeta Rohatgi, Advocate, Mr. Ajay Pal Singh Kullar,Adv., Mr. Vikalp Mudgal,Adv., Ms. Samten Doma,Adv., Mr. Tushar Mehta, SG, Mr. Anil Grover,AAG, Ms. Noopur Singhal,Adv., Mr. Rahul Khurana,Adv., Mr. Sanjay Kr. Visen, Advocate, Dr. Monika Gusain,Adv., Mr. A.N.S. Nadkarni, ASG, Ms. Suhasini Sen, Adv., Ms. Archana P. Dave, Adv., Mr. S.S. Rebello, Adv., Mr. D.L. Chidananda, Adv., Mr. Rajat Nair, Adv., Mr. Raj Bahadur Yadav, Adv., Mr. G.S. Makker, Advocate, Mr. Rajesh K. Singh, Adv., Mr. B.V. Balramdas, Advocate, Ms. Anil Katiyar, Advocate, Ms. Archana Pathak Dave, Adv., Mr. Vibhu Shankar Mishra, Adv., Mrs. Snidha Mehra, Adv., Mr. P.S. Narshimha, Sr.Adv., Ms. Uttara Babbar, Advocate, Mr. Manan Bansal, Adv., Ms. Sindoora VNL, Adv., Mr. Rahul T. Ganwani, Adv., Ms. Aditi Tripathi, Adv., Ms. Kanti, Adv., Ms. Anitha Shenoy, Sr.Adv., Ms. Srishti Agnihotri, Advocate, Ms. Sanjana Grace Thomas, Adv., Ms. Sharon Mathew, Adv., Mr. Sanjiv Sen, Sr. Adv., Mr. Ajay Bansal, Adv., Mr. Praveen Swarup, Advocate, Mrs. Puja Kalra, Adv., Mr. Gaurva Yadva, Adv., Mr. Suresh Kumar, Adv., Mr. Sayan Ray, Adv., Mr. Soumo Palit, Adv., Mr. Dhruv Mehta, Sr.Adv., Mr. Rahul Mehra, Adv., Mr. Chirag M. Shroff, Advocate, Ms. Yashika Verma, Adv., Ms. Riya Thomas, Adv., Ms. Jyoti Mehndiratta, Adv., Mr. Gopal Sankaranarayanan, Sr. Adv., Mr. Senthil Jagadeesan, Advocate, Ms. Sonakshi Malhan, Adv., Ms. Shruiti Chowdhary, Adv., Ms. Mrinal Kanwar, Adv., Mr. Shrutanjaya Bhardwaj, Adv., Mr. Vishal Sinha, Adv., Mr. Gopal Jain, Sr.Adv., Mr. Jasmeet Singh, Adv., Mr. Manu Sharma, Adv., Mr. Vijay Panjwani, Adv., Mr. Sandeep Narain, Adv., Ms. Nivedita Nair, Adv., For M/s. S. Narain & Co., Adv., Mr. B.K. Prasad, Advocate, Mr. Kamlendra Mishra, Advocate, Ms. Ruchi Kohli, Advocate, Ms. Sakshi kakkar, Advocate, Mr. Shakti Singh, Adv., Mr. Akash Mishra, Adv., Mr. Abhishek, Adv., Mr. Murari Kumar, Adv., Mr. Animesh Kumar, Adv., Mr. Neeraj Shekhar, Advocate, Mr. Sumit Kumar, Adv., Ms. Ekta Bharati, Adv., Mr. Pradeep Misra, Adv., Mr. Suraj Singh, Adv., Mr. Charanpal Singh Bagri, Adv., Ms. Gurjit Kaur, Adv., Petitioner-in-Person
Headnote:
Constitution of India, 1950 - Article 41, 47, 48, 51A(g), 51A(h) - Protection and safeguarding of forests and wild life - Duty on individuals to protect and improve natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures - Court are informed by Chief Secretary to Govt. of NCT of Delhi also that they have arrangements to clean annually garbage and waste to extent of 55% only and remaining 45% cannot be cleaned in spite of best efforts considering annual capacity to clean garbage/waste - Court have suo moto taken note of water pollution in Delhi and other places as it appears that there are reports that impure water is being supplied to people and there are reports to contrary that samples have been manipulated. Court cannot leave matter at that. As a matter of fact, in such a matter of air and water pollution, it is Constitutional duty enjoined upon all stakeholders to do needful for providing better air and potable water. It was also stated by Chief Secretary to Govt. of Delhi that there are certain problems of governance. problem of governance, if any, cannot come in way to deal with such matters. It is expected from Government machineries not to enter into rival claims, but to sit down together, work it out how to improve air quality and whether potable water is being supplied or not, and how to improve water management – Held, Court find that in spite of various orders passed by this Court, Court are not able to improve situation of air quality which Court can see at least in Delhi and NCR with certainty. Time has come to require State Governments to explain why they should not be asked to compensate persons who are being affected by bad air quality - Court have seen during course of arguments that one State is passing burden upon Centre and then it is stated on behalf of Central Government that they have framed scheme and it for State Governments to implement it. Court expect not only ‘policy making’ but also its ‘implementation’. Let States of Punjab, Haryana, Uttar Pradesh and Government of NCT of Delhi respond, due to air pollution, why concerned Government and its concerned machinery, from top to bottom, should not be asked to compensate citizens of Delhi and adjoining areas for various diseases which are being caused and sufferings and troubles which are being faced and report indicates life span is being shortened – Ordered accordingly.
ORDER :
(1) 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 AND SMOG IN DELHI
IA NO. 127792/2017 (DISPOSED OF)
(APPLN. FOR DIRECTIONS FILED BY A.C.)
IA NOS. 158128 AND 158129/2019
(Applns. for intervention and directions on behalf of Dr. Kaushal Kant Mishra)
1. Heard the learned counsel for the parties and the Chief Secretaries to the States of Punjab, Haryana, Uttar Pradesh and Govt. of NCT of Delhi at length. We find from the Affidavit placed by Mr. A. N. S. Nadkarni, learned ASG, that the fire count as on 07.11.2019 has increased thereafter in the States of Punjab and Haryana and Uttar Pradesh on some of the days. The situation is alarming and indicates that the order has not been complied with and for that not only the State machinery is responsible, but the farmers are also responsible. Considering the aforesaid aspects and also the Air Quality Index, it has become necessary to take care of the situation, otherwise such incidents are not going to stop in future.
2. We are informed by the Chief Secretary to the Govt. of NCT of Delhi also that they have arrangements to clean annually the garbage and waste to the extent of 55% only and the remaining 45% cannot be cleaned in spite of best efforts considering the annual capacity to clean the garbage/waste. We have suo moto taken note of the water pollution in Delhi and other places as it appears that there are reports that impure water is being supplied to the people and there are reports to the contrary that samples have been manipulated. We cannot leave the matter at that. As a matter of fact, in such a matter of air and water pollution, it is the Constitutional duty enjoined upon all the stakeholders to do the needful for providing better air and potable water. It was also stated by the Chief Secretary to the Govt. of Delhi that there are certain problems of governance. The problem of governance, if any, cannot come in the way to deal with such matters. It is expected from the Government machineries not to enter into the rival claims, but to sit down together, work it out how to improve the air quality and whether potable water is being supplied or not, and how to improve the water management.
3. We are also apprised by the Chief Secretary to the State of Uttar Pradesh that they are mainly focusing on eight districts, as with regard to those districts this Court has passed the order. He has also reported to us that stubble burning incidents, which have been increased, are in the Eastern region. It may not affect Delhi and NCR Region. As a matter of fact, such approach is not understandable that the State has to take care of only those areas for which this Court has issued the directions. We take judicial notice of the fact that there are six other cities in the country which are reportedly more polluted in air quality index than Delhi, out of which three are stated to be in Uttar Pradesh only. Hence, we propose to issue notice to all the States to report to us what is the Air Quality Index in the various towns. How they are discharging their obligations with respect to lifting of the garbage, waste etc. and by and large, we can take a judicial notice of the fact that similar is the situation in virtually several cities in various States. The Corporations are not having even the basic arrangements for lifting the garbage, which is being generated everyday. It appears to be a case of lost priorities. Be that as it may, there are certain cities which are managing the garbage effectively and efficiently in India, which indicates that it can be done in effective way but there is lack of proper planning in that regard.
4. We see Yamuna river virtually turned into a sullage. We take judicial notice of this situation. Similar is the position with Ganges. As it proceeds, industrial effluents are being poured in rivers. Sewage is also being directly put in river
