The Supreme Court, resuming its hearings on the MC Mehta case concerning Delhi’s persistent pollution issues, has called for more stringent actions to address the root causes of the region’s air quality decline. On October 23, the Court criticized the Union government’s current approach to handling the crisis, particularly the ineffective penalties levied against polluters which have done little to mitigate the situation.
The focus of the Court’s recent discussions included key pollution sources such as transportation emissions, industrial activities in and around Delhi, the entry of heavy trucks into the city, and open garbage burning. Justice Oka, presiding over the case, pressed for decisive actions over mere advisory roles, highlighting the urgency to address these concerns substantively.
During the session, the Court touched upon the enforcement of Section 15 of the Environmental Protection Act, 1986, which outlines specific rules for environmental protection. The Additional Solicitor General (ASG) Dave confirmed the imminent publication of these rules in the official gazette, prompting the Court to demand a compliance report by November 14.
The Court also revisited its December 2023 order regarding the implementation of color-coded stickers to identify vehicles based on their emission levels. It has given the states in the National Capital Region (NCR) one month to enforce this directive. Moreover, the Ministry of Road, Transport, and Highways has been tasked with coordinating with state and UT secretaries to bolster vehicular pollution control measures.
A significant concern raised during the hearings was the enforcement of the firecracker ban in Delhi, especially after reports surfaced of widespread non-compliance during the recent Diwali celebrations. The Court expressed its dissatisfaction with the local enforcement and planned to issue a notice to the Delhi Police Commissioner to address this gap.
Justice Oka noted that despite the presence of penalties under the Air (Prevention and Control of Pollution) Act, 1981, more robust measures, such as sealing premises dealing in illegal firecrackers, are necessary to deter violations effectively.
The Amicus Curiae in the case pointed out that pollution levels had spiked dramatically on Diwali night, increasing by 17% in just one day, surpassing pollution figures from the previous two years. This has led Justice Oka to suggest a more aggressive public awareness campaign to educate the populace about the impact of their activities on air quality ahead of Diwali.
