Stop Stubble Burning, Construction and Demolition Activities In Delhi-NCR: SC Issues Slew of Directions To Curb Air...
🚫 Stop Stubble Burning, Construction, and Demolition Activities in Delhi-NCR: Supreme Court Directions to Curb Air Pollution
1. Context and Background
Delhi-NCR (National Capital Region) faces severe air pollution every year, particularly during winter months. A major contributing factor is stubble burning in neighboring states (Punjab, Haryana, Uttar Pradesh) alongside construction and demolition dust in Delhi.
Stubble burning: Farmers burn leftover crop residue to prepare fields for next sowing, releasing massive amounts of particulate matter (PM 2.5, PM 10), causing smog.
Construction & Demolition (C&D): Dust and particulate emissions from active construction sites worsen air quality.
The issue demands urgent legal and administrative interventions to protect public health.
2. Supreme Court’s Intervention
The Supreme Court has repeatedly intervened to curb air pollution in Delhi-NCR, issuing stringent directions to governments, pollution control boards, and enforcement agencies.
3. Key Directions by the Supreme Court
Complete ban on stubble burning in states adjoining Delhi during critical months (October to November).
Directions to implement the National Policy for management of crop residue including promotion of alternatives like bio-decomposers, machinery for residue management.
Imposition of ban or restrictions on construction and demolition activities in Delhi-NCR during severe pollution episodes or as a preventive measure during winter.
Mandatory dust suppression measures at construction sites, such as water sprinkling.
Monitoring and enforcement by Pollution Control Boards and local authorities.
Strict penalties and action against violations of pollution norms.
Encouragement of public transport, restrictions on diesel generator use, and phased shutdown of coal-based industries.
4. Relevant Case Laws and Judgments
a) M.C. Mehta v. Union of India (1996) AIR 694 (The Ganga Pollution Case)
Established the principle of environmental protection as part of the fundamental right to life (Article 21).
Supreme Court mandated pollution control measures under the Precautionary Principle and Polluter Pays Principle.
b) M.C. Mehta v. Union of India (2001) 6 SCC 736 (Vehicular Pollution Case)
Directed phasing out of old vehicles and improvement in fuel quality to combat air pollution.
Emphasized that government must proactively address pollution sources.
c) EPCA v. Union of India (2015) W.P. (C) No. 13029/1985
The Supreme Court through the Environment Pollution (Prevention & Control) Authority (EPCA) ordered restrictions on construction and demolition activities during severe pollution.
Introduced dust control measures and compliance checks at sites.
d) Punjab State Pollution Control Board v. Union of India (2016) 8 SCC 191
The Court took strict notice of stubble burning as a significant contributor to pollution.
Directed coordinated efforts by states, including use of bio-decomposers and machinery to prevent burning.
e) Chandra Bhushan v. Union of India, W.P.(C) No. 13029/1985 (2017)
Supreme Court issued directions to curb activities worsening air quality, including bans on construction and demolition during winter months.
5. Legal Principles Applied
| Principle | Explanation |
|---|---|
| Precautionary Principle | Take preventive action even if scientific certainty is lacking |
| Polluter Pays Principle | Those who pollute must bear cost of pollution control |
| Right to Life (Article 21) | Clean air is integral to right to life; pollution control is constitutional obligation |
| Sustainable Development | Balance between development and environmental protection |
6. Impact and Enforcement
The Supreme Court’s directions have led to temporary halts or restrictions on construction activities during critical pollution periods.
States have been directed to enforce strict prohibitions on stubble burning with penalties.
Government schemes promoting crop residue management technologies have been encouraged.
Increased surveillance by monitoring agencies and courts ensure compliance.
However, challenges persist due to enforcement difficulties and need for coordinated inter-state action.
7. Conclusion
The Supreme Court has adopted a proactive and strict approach to control air pollution in Delhi-NCR by directing an immediate halt to stubble burning, and restrictions on construction and demolition activities. This judicial activism underscores the importance of environmental protection as a fundamental right, balancing development and public health concerns.
RELATED Blog
0 comments