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SC seeks CAQM affidavit on pre-emptive measures to tackle pollution

The Supreme Court on Monday directed the Commission on Air Quality Management (CAQM) to file an affidavit detailing the steps it has taken so far to prevent air pollution in Delhi-NCR from worsening further.

The bench comprising Chief Justice BR Gavai and Justice K Vinod Chandran, hearing the MC Mehta case, said the authorities should act proactively and not wait for pollution levels to reach a “serious” stage.

Senior advocate Aparajita Singh, who assisted the bench as amicus curiae, flagged media reports that many air quality monitoring stations in Delhi were not working during Diwali.
“There are newspaper after newspaper saying that monitoring stations are dysfunctional. If monitoring stations are not working, we don’t even know when to implement GRAP (graded response action plan)… Out of 37 monitoring stations, only nine were working continuously on Diwali day,” he said.

Friend urged the delegation to ensure that the CAQM provides clear data and an action plan.


He said previous orders mandated preventative measures rather than reactive steps when pollution worsened. “CAQM is required to place on record a statement as to what steps are proposed to be taken to prevent pollution from becoming severe.” The CAQM advisor said the Central Pollution Control Board is responsible for monitoring the data.

However, Additional Solicitor General Aishwarya Bhati assured the bench that the relevant agencies will submit the necessary report.

On October 15, the CJI-led bench allowed the sale and bursting of green firecrackers in Delhi-NCR during Diwali with conditions aimed at balancing the tradition with environmental and health concerns.

The court had made it clear that the use of green crackers would be limited to certain hours on Diwali and the day before. Sale of green crackers was allowed between 18-20 October.

It had also made it clear that the relaxation is only “on a test case basis and will be valid only for the specified period”.

The bench had pointedly said: “The Central Pollution Control Board, in consultation with the State Pollution Control Boards and their respective zonal offices in districts falling under NCR, shall monitor the air quality index in their respective jurisdictions from 14th October to 25th October and submit a report to this court stating the air quality of each day mentioned above…

“Apart from such monitoring, Regional Offices of State Pollution Control Boards will also take samples of sand and water from areas with higher intensity of use for analysis,” the board said. he said.

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