Executives in policy paralysis, asking courts to control pollution: SC

A bench headed by Chief Justice of India (CJI) NV Ramana said the Center and the Delhi, Haryana and Punjab governments should have done much more instead of urging the court to issue directions on work from home, carpooling and use of vehicles. of sprinklers.

“I see as a judge that the bureaucracy has developed an inertia… policy paralysis, and they want this court to do everything. Like we have to pick up buckets, put out fires, use sprinklers and all. should be directed,” the CJI told Solicitor General Tushar Mehta, appearing for the government.

The bench, comprising Justice Dhananjay Y. Chandrachud and Surya Kant, said: “It is an unfortunate situation that the bureaucracy has come down. They say, ‘We will not do anything. Let the court pass the direction and we will simply sign saying that the court has directed.”

“When Delhi is completely choked up, this court is forced to step in. Tell us what the Center and the states are doing for the rest of the year? When the house catches fire, you start digging the well… just because Delhi and its adjoining areas of UP (Uttar Pradesh), Haryana and Punjab are involved, we have to intervene. Otherwise, it is something that the High Court can consider.”

Mehta urged the court not to issue “drastic directions”, such as making work from home mandatory even for central government employees or imposing a complete lockdown in Delhi-NCR. He said the Supreme Court should consider postponing any direction till November 21. The Met department expects the situation to improve after Sunday due to change in wind direction.

The bench agreed to set aside its orders, but said the authorities had lax in implementing statutory and regulatory norms relating to industrial and construction activities.

The top court had on Tuesday said that the Center and the states should find a solution to mitigate the crisis in 24 hours. Following this, the Air Quality Management Commission on Tuesday evening convened an emergency meeting between the Center and states, before issuing directions banning all construction work and individual classrooms in schools and colleges in the National Capital Region (NCR). The commission banned the entry of trucks into Delhi except those carrying essential supplies, besides issuing directions for the closure of six thermal power plants within a 300-km radius of Delhi.

Officials warned of a drop in air quality levels in the region in late October, when satellite images captured a spike in farm fires. On November 5, a day after Diwali, the air quality index reached 462 (severe category). Since then, it has been in the severe to very poor category. “There are already norms to control the level of pollution, but there is no implementation. There is a lack of will. The Supreme Court will hear the matter on November 24.