Summary
In continuing pollution proceedings, the Supreme Court issued coordinated directions on crop-residue management, experimental smog towers, dust suppression, industrial emissions, waste disposal, traffic and water pollution. Small and marginal farmers were to receive dedicated machinery free or at nominal rent under a comprehensive scheme. Authorities had to report compliance and close capacity deficits. The Court required governments to show cause on compensation for administrative failures; it did not determine a compensation award in this order.
Issues
- What further coordinated measures and compliance reports were required to address continuing air, waste and water pollution.
Held
- Protection of life required effective implementation by governments and public authorities, rather than disputes over governance or shifting financial responsibility. The proceedings addressed multiple pollution sources and farmer-support measures, not stubble burning alone. (¶¶ 2, 4, 10, 11, 16, 21, 22, 25)
- A comprehensive crop-residue plan, decision on the proposed incentive/disincentive and dedicated harvesting and residue-management equipment for small and marginal farmers were required. Equipment was to be available free or at nominal rental rates. (¶¶ 43, 44, 47, 49, 52, 53, 57)
- The Connaught Place tower and experimental Anand Vihar tower were directed to be completed within three months, with Delhi supplying the latter site within seven days and Union funding and ministry oversight. Anti-smog guns were directed for specified dust-generating activities, including compulsory use at the identified environmental-clearance projects exceeding 20,000 square metres. These measures formed part of continuing technological assessment. (¶¶ 30, 31, 32, 33, 34, 35, 36, 37, 38, 57)
- Authorities were directed to prevent waste burning, monitor industrial emissions including at night, enforce construction-waste and dust rules, report penalties and blacklisting, and act on EPCA site-specific findings. Delhi was to prepare a three-month plan for full waste-handling capacity, alongside traffic and pothole measures. (¶¶ 54, 55, 56, 57)
- Random Delhi water-quality reporting and State-wide plans for sewage and industrial-effluent treatment were required. Governments were called upon to show cause concerning compensation for failures to prevent pollution; liability and quantum were not finally adjudicated here. (¶¶ 21, 22, 25, 57)
Result
Directions issued under paragraph 57, with specified timelines for experimental towers, EPCA remedial work, waste capacity, water-quality and river-treatment reports, vehicle-fuel checks and potholes. Governments of Delhi, Punjab, Haryana and Uttar Pradesh required to show cause on compensation for pollution-control failures. Continuing proceedings not finally disposed of.