New Delhi, Oct 23 (PTI) The Supreme Court on Wednesday pulled up the Centre for making the environment protection law “toothless,” even as it asserted that there is a fundamental right for every citizen of India to live in a pollution free environment.
A bench of Justices Justices Abhay S Oka, Ahsanuddin Amanulllah, and Augustine George Masih also pulled up the Punjab and Haryana governments for not implementing court orders in cases of stubble burning.
“Time has come to remind us to the Government of India and state governments that there is a fundamental right of every citizen of India to live in a pollution free environment,” the bench said.
“These are not the matters of implementing the existing laws but these are matters of blatant violation of fundamental rights guaranteed under Article 21 of the Constitution of India,” it added.
It noted that in Punjab more than 1,000 and in Haryana more than 400 cases of stubble burning have been reported till now.
The court said it is not only a question of implementing the orders of the commission (Commission for Air Quality Management) and taking action for breaches of law, the governments must also address the question how they are going to protect the lives of citizens and allow them to live with dignity and in a pollution-free environment.
“Therefore, it is high time that the governments and all other authorities note that this litigation is not an adversarial litigation and this litigation is to only ensure that laws related to the environment are strictly complied with, so that the constitutional rights of the citizens are upheld,” the bench said.
The top court was hearing a plea filed by MC Mehta in 1985 seeking directions to curb air pollution in the national capital and adjoining areas.
The bench said in matters of environment protection, the court needs to pass harsh orders, which many people may not like it.
It observed that the Centre amended section 15 of the Environment Protection Act, substituting it with a provision relating to punitive action that diluted the rigours of the environmental law.
It said the amended provision came into force April 1, 2024 but it has been rendered completely ineffective due to “inaction” on part of the Centre.
“Neither rules are framed for supporting the said provision nor appointment of adjudicating officers have been made for more than six months now. As adjudicating officers are not appointed under section 15 (c), obviously the law enforcing machinery cannot impose penalties under section 15,” it said.
“In absence of machinery created by the Government of India, section 15 as amended has become ‘toothless’ and there is nothing in the hand of authorities to strictly enforce the provisions of environment protection Act,” it added.
The top court said at present those who violate the environmental laws “are going scot-free”, as no action can be taken against them.
It also noted the assurance given by ASG Aishwarya Bhati that within two weeks entire machinery will be in existence and the MoEF will come out with regulations to implement the provision for collecting penalties from wrong-doers.
“The manner in which action is being taken by the governments is reflected from the data given across the bar. For example, this year there are 1084 identified cases of stubble burning in Punjab and compensation has been recovered from only 473 persons.
“As far as Haryana is concerned, there are 419 cases identified and FIR has been lodged against 32 of the wrong doers and in case of 320 wrong doers nominal compensation has been recovered,” the bench said.
It said both Punjab and Haryana were adopting arbitrary methods in implementing provisions of law.
The top court also pulled up the CAQM for only issuing show cause notices to Punjab and Haryana government officials.
“That is what is troubling. Who is going to bother about show cause notices? Law permits you to prosecute, our orders show that there is persistent failure on their part to comply with CAQM order. Yet, you are simply issuing notice instead of prosecuting. They will file a bulky reply, you will keep giving them hearings and that will give an opportunity to them to challenge those orders,” the bench told Bhati.
It questioned the CAQM for recovering only nominal environmental compensation as per formula suggested by the National Green Tribunal from farmers indulging in stubble burning and directed the Centre to fix appropriate rates of compensation in two weeks.
The bench noted the submission of senior advocate Aprajita Singh, appointed amicus curiae in the matter, that year after year this court has been passing orders to curb stubble burning and check air pollution level but nothing happens at ground level.
“We fully agree with amicus and we put all concerned to notice that stricter action has to be taken against those who are responsible for violation,” the bench said and directed the Centre and NCR states to file a detailed affidavit on compliance of all orders of the court by next date of hearing.
It asked the Delhi government to submits details about action taken with regard to 13 pollution hotspots in the city, where open garbage burning happens. PTI MNL MNL VN VN
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.