SC raps CAQM's 'failure', tells it to identify sources of bad air

The Supreme Court on Tuesday termed the Commission for Air Quality Management's (CAQM) inability to clearly identify the causes of air pollution in Delhi-NCR and their relative contribution as a "complete failure of duty", directing the statutory body to complete a source-identification and apportionment exercise within two weeks and place the findings in the public domain.

- Utkarsh Anand

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi rejected CAQM's plea for two months' time to examine issues relating to traffic congestion and the collection and utilisation of environmental compensation charge (ECC), making it clear that the court would monitor the matter every fortnight regardless of prevailing air quality levels.

"We are not going to adjourn this case by more than two weeks. We will be taking this case regularly irrespective of whether the AQI in Delhi-NCR is zero or 700. We have to monitor this case and find a solution," the bench told additional solicitor general Aishwarya Bhati, appearing for the CAQM.

The court expressed strong dissatisfaction with the commission convening a meeting only on January 2, despite a detailed order passed on December 17 emphasising the urgency of long-term planning. "By holding a meeting on January 2, and telling us that we need two more months is not acceptable to us...; the CAQM would be failing to perform its duties," the bench said.

At the core of the court's concern was what it described as the absence of basic, publicly available information on what actually drives pollution in the region. "First, you have to iden-

Farm fires blamed disproportionately

"It could ultimately be found that farmers being blamed for farm fires are the least contributors. They are being blamed disproportionately," the bench said, recalling that during Covid-19 pandemic, when farm fires increased, Delhi-NCR saw clear skies.

Regular case hearings

The court said that it would monitor the matter every fortnight regardless of prevailing air quality levels. "We will be taking this case regularly irrespective of whether the AQI in Delhi-NCR is zero or 700. We have to monitor this case and find a solution."