Supreme Court Seeks Affidavit Detailing Delhi-NCR's Pollution Curb Measures

The Supreme Court on Monday asked the Commission for Air Quality Management (CAQM) to file an affidavit detailing the measures undertaken to prevent Delhi-NCR's air quality from deteriorating, after it was told that several air monitoring stations reportedly remained non-functional during Diwali.

A Bench of Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran was hearing a Public Interest Litigation (PIL) relating to control of air pollution in the national Capital and the adjoining NCR area.

Senior advocate Aparajita Singh, the amicus curiae in the matter, drew the top court's attention to media reports that out of 37 air quality monitoring systems in Delhi, only nine were functioning during Diwali.

"There needs to be a report from CAQM on the current air pollution status. Out of 37 in Delhi, only 9 monitoring systems were functioning during Diwali," Singh informed the CJI Gavai-led Bench.

The amicus curiae stated that the Supreme Court's earlier directions specifically required authorities to take pre-emptive action rather than wait for the air quality to reach severe levels.

After hearing the submission, the top court directed: "The CAQM is required to place on record an affidavit as to what steps are proposed to be taken so as to prevent the pollution turning to be severe."

It also sought clarity on the operational status of the air quality monitoring systems, after media reports highlighted widespread malfunctioning of stations.

The CAQM's counsel informed the CJI Gavai-led Bench that a report had already been filed on the previous date of hearing but could not be taken up due to paucity of time.

However, the amicus suggested that a fresh affidavit should be submitted, addressing both the malfunctioning of monitoring systems and the measures planned in view of the worsening air situation.

Appearing for the authorities, Additional Solicitor General (ASG) Aishwarya Bhatti assured the top court that the required report would be filed by the concerned authorities, including the Central Pollution Control Board (CPCB), which maintains the monitoring data.

The development came just days after the Supreme Court, while allowing the limited sale and use of green crackers in Delhi-NCR during Diwali, had warned that "commercial considerations and the festive spirit should take a back seat when it concerns the environment and health."

In its order passed on October 15, the CJI Gavai-led Bench had permitted the sale of NEERI-approved crackers from October 18 to 20, restricting bursting to specific hours.

The relaxation, the Supreme Court had clarified, was "only on a test case basis," subject to post-Diwali air quality data.

To ensure compliance, the top court had laid down a detailed enforcement mechanism: Only licensed traders could sell approved products carrying NEERI-issued QR codes, while district administrations and police were tasked with forming patrolling teams to prevent the sale of prohibited crackers.

It had also ordered the CPCB and State Pollution Control Boards to monitor air, water, and soil quality from October 14 to 25 and submit a report before the top court.

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