Thread by @barandbench

#SupremeCourt to shortly hear petitions concerning rising levels of air pollution in Delhi NCR #DelhiAirPollution @ArvindKejriwal

Union of India has informed #SupremeCourt that rather than implementing work from home as suggested by top court it would rather put in place vehicle pooling system to reduce vehicular pollution for govt officers

After the emergency meeting it was decided that truck entry will not be permitted in Delhi upto Nov 21,2021

Measures which Haryana govt will be taking to curb pollution:

Punjab govt has informed the #SupremeCourt that around 76,000 cross residue management machines had been made available to farmers in the last three years #stubbleburning

Punjab govt makes it clear that to eradicate the problem of stubble burning it needs financial assistance from the Central government @CMOPb #SupremeCourt #StubbleBurning

Punjab govt in its meeting has decided to circulate the orders of #SupremeCourt in farmers WhatsApp groups @WhatsApp #pollution #stubbleburning

[BREAKING] Delhi Air Pollution: Centre files affidavit before Supreme Court

Truck Ban, construction ban and other directions by Air Quality Management Commission to improve AQI

report by @DebayonRoy

#DelhiAirPollution #SupremeCourt

Read story: bityl.co/9dZa

Hearing to begin shortly
#DelhiAirPollution #SupremeCourt

SG: I have something to say at the outset

SC: What is this bulky appearence?

SG: there has been nasty occurences on TV to show that i misled the court on stubble burning

#DelhiAirPollution #SupremeCourt

DYC J: We were not misled at all. You said 10 percent but it was pointed out in the affidavit that it was 30 to 40 percent

CJI: these kind of criticisms keep happening. Our conscience is clear and we work for betterment of society

SG: please come to Page 29 of earlier affidvait where I gave industrial, dust , vehicular pollution etc. I said some factors contribute through out and some for limited time like stubble burning which happens in neighbouring states for 2 months

SG: the another factor increasing the impact of stubble burning is the direct of wind in NCR and that there is no inside wind movement in the state. We also stated average sectoral Contribution throughout the year

SG: Then I said for these two months... Like post Diwali there have been increase of fire and stubble burning instances and how efforts needs to be taken to reduce the stubble burning as it becomes 35 to 40 percent in 2 months. It was projected as if it was 3 to 4% for elections

Sr Adv Vikas Singh: we are not in politics but I am here for Delhi. He said 10 percent

CJI: don't irritate us Me Singh. Unnecessary both of you are diverting the issues.. this is a matter of common sense... And these instances increase in these two months

SC: we recorded it in our order

SG: As a law officer I can only clarify here and not run to TV rooms

Singh: please see the present affidvait and there are 9 steps

CJI: i thought you want to clarify what Mr Mehta is saying

Singh: he said 10 percent orally and where is that 10 percent ?

SG: A commission meeting was held. All chief secretaries, minister of urban development.. and others were present.

SG reads the below measures from the affidvait

SG now reads points on Thermal Power plants

SG now reads points on vehicular pollution and how truck entry will be stopped till Nov 21

SG now points towards dust control measures which includes using anti smog guns and dust suppression mechanism being used. Augment use of road sweeping machines

SG now shares measures on DG sets: which includes strict prohibition of DG set use except emergency use

SG: schools and colleges will remain closed in Delhi NCT. Compliance report will be placed before commission by Nov 22

CJI: are all neighbouring states included?

SG:Yes, Rajasthan, Punjab, Haryana , UP

SG:Regarding work from home for central govt officers we considered total vehicles used for central govt officers we saw numbers are not huge.

SG: the
advantage of not passing work from home direction would
outweigh the advantages which would be gained from work
from home directions which would be limited to only less
number of Central Government vehicles on road.

SG: instead DoPT has issued an advisory for Central
Government officers and staff for pooling and sharing of
vehicles to the maximum extent possible so that number of
Central Government vehicles plying for commuting of officers
and staff are reduced substantially

SG in response to CJI saying the issue of stubble burning increase in 2 months was a matter of common sense,

SG says "Common sense is like deodorant. Those who don't use it make others suffer."

Dr Abhishek Manu Singhvi for Delhi Govt says: I have tried to reduce distance between me and SG by appearing from the place where he did. Another thing is truth has many facets. Centre saya it spikes to 35 to 40 percent of stubble burning..

CJI: see today's newspapers all the papers have their own statistics..

Singhvi: it has been stated in a central govt paper that it varies from 0 to 58 percent. Possibly Mr Mehta has taken a four or six month average.

CJI: our focus is on how to reduce pollution. You are raising issues which are not important. Why are you raising these issues again and again.

Singhvi: we are not blaming anyone.. both figures are of centre..

CJI: we don't want to penalise farmers. We have requested states to persuade the farmers to not burn stubble. Why are you again and again raising this ?

CJI: you want to use some issue, make us observe and then make it controversial and then only blame game will remain. Debates in TV is creating more pollution than everyone else. Everybody has their own agenda. They don't understand anything.

Singhvi: A source based break up of pollution factors is yet to be done. Study by IIT Kanpur can be relied in this case.

Singhvi: Please see the PUSA bio decomposer and it's use

Justice Kant: please look at the plight of farmers and why they cannot follow these scientific methods. People sitting in Delhi in 5 or 7 star hotels they criticise how they contribute 30 to 40 percent to pollution.

Justice Kant: have you seen their earning per landholding. How will use these machines ?

CJI: sorry I am using my phone. Report says fire crackers are not the cause even .. firecrackers also temporary I say this..

CJI: but have you seen how much firecrackers were burnt after Diwali even after ban

Justice Kant: it was maximum yersterday.. non stop

Justice Kant: this increases the most in these months and supreme court takes cognizance of it. Please tell us what measures have you taken throughout the year

Singhvi: I am suggesting a cheap alternative which rejuvenates the soil and does not cause burning

CJI: This is PUSA report? There are already reports that it is a failure. Don't make us get into things where we don't want to.

Singhvi: you are correct that by the time court issues directions the fire is out and we are back to hunky Dory

CJI: there are states involved here like UP, Punjab etc otherwise this is not an issue where the Supreme court should Intervene

DYC J: as Delhi govt what steps have you taken in last few days and what you propose to do in a few days to stop it.

Singhvi: Construction sites are being vigorously looked at. There are day and night patroling. Anti smog guns have been installed. Anti dust campaign organised and DPCC organised 30 teams to do this

CJI: you had indicated all this last time too

Singhvi: what else could we furnish in this short time. 90% of what the centre has proposed has been done by Delhi govt and the suggestions are modelled on Delhi govt measures

DYC J: What about the sweeping mechanized machines. Tell us what steps about new purchase order apart from the 69 machines

Singhvi: we will give any financial amount for sweepers to buy. how many you know the municipal corporation will know. 15 machines more has been ordered..

Singhvi: we wrote to the municipal corporation and they said 15 needed and we approved it

DYC J: Will 15 works for thousands of Kms

CJI: again the issue is corporation is not under you

Singhvi: i am not on jurisdictional hogwash. we wrote to all the corporations and they said they need 15. we approved it. we will approve more and we cannot run the sweepers.

DYC J: To CJI, Chief the dust is indeed a great source

CJI to Singhvi: enough is enough and we are not inclined to go into these details. we cannot go into how many machines required.

Singhvi: they needed 15 and 16 water sprinklers.. i have already approved it. what more can we do

CJI: are you saying central govt measures is enough to tackle the pollution issue?

Singhvi:No NO i did not say that

Justice Kant: all suggestions must have put in emergency meeting what happened after this? you are saying you will ban 10 to 15 year old vehicles. but how much time will you take for this

Singhvi: you can direct us to prepare a chart for all states to show compliance. you will see delhi govt ticking 90 percent boxes..we have done complete work from home for Delhi govt officers. we were the only state. we have given all financial help.

DYC J: You have said you can close all non essential industries. is it possible

Singhvi: yes it is possible. but suppose we start odd even here but vehicles will come from all states.. same is for work from home. Delhi has porous borders...

DYC J: Is it not possible to increase the supply of CNG buses?

Singhvi: whether they have sufficient buses to increase but i can increase the frequency

DYC J: on transport front you are taking enforcement and implementation steps. what positive steps you can take in few days

Singhvi: i am proud that 90 percent of boxes in central govt affidavit has been ticked. we can increase metro and bus frequencies. please order work from home or ban in vehicles in periphery too since no point of such ban only in Delhi

CJI: any one from Punjab and Haryana?

SG: If you see page 10 of yesterdays report..any kind of movement of common man without public transport will be difficult.

CJI: all suggestion equally applies to all neighboring states, centre and delhi govt

SG: on the aspect of mechanized sweeping machines it was decided 15 is not enough and there has to be an increase in sweeping machines and water sprinklers

Haryana: whatever was suggested by commission was implemented and whatever ordered will be followed

CJI: What have you done for farmers on stubble burning

Haryana: chief secretary and district magistrates are taking stock so no stubble burning happens in these 2 weeks

CJI: What about work from home?

Justice Kant: the deputy commissioner of Gurugram, faridabad , sonepat and jhajjar were ordered to follow work from home. what has happened. told means you are at their mercy. is there complete WFH apart from essentials?

Haryana counsel: we will follow whatever is ordered in letter and spirit

Punjab counsel: we don't fall under Delhi NCR region

CJI: so nothing applies to you?

Punjab: no we have taken measures

SC: where is the stubble? farmers are at the mercy of the board.. you have forced them not to burn but its not removed. the affidavit is completely silent on this aspect

Justice Kant: by the time you purchase the machines the season is over

Punjab counsel: we have purchased 76,000 machines. plus on farm fires the figures are misleading. it has decreased in comparison to last year.

DYC J: Who bears the capital cost for the machines?

Counsel for Punjab: centre bears the 80 percent of the cost and then rest 20 percent by the gram panchayats. to say we are doing a lot is false and to say we are not doing anything will also be false.

Punjab: we have asked centre for funds.

Sr Adv Vikas Singh: what has to be done let it be done by your lordships and let it not be pushed to next October.

Singh: there is no agenda as SG Mehta suggested. BS VI norms for vehicles have been implemented. If such measures are taken then there is no question of vehicular pollution.

Singh: They are not following these norms, for construction activity CPCB states how sprinklers should be used while construction and demolition happens. the no one follows. the problem has to be tackled today for next year and again only CS from states will meet

Singh: The time between wheat and paddy has reduced. Thus there is no time to remove stubble and stubble is more if harvester is used. in harvester removal stubble is so big that it cannot left to regenerate into the soil.

Singh: stubble burning as reported in media and as i heard in court was 10 percent but it is certainly 50 percent, some directions are needed now for us to tackle this issue next year.

Singh: why cant the punjab govt send sprinklers to places where stubble burning takes place so that the fire is doused and it never happens. smal marginal farmers cannot afford these machines. punjab has large landholding farmers and they should be forced to use it

Singh: even with steroids and inhalers I cannot breathe normally in this city. Delhi is gasping !

Singh: when you talk of dust, fugitive dust may not make me sick but smoke will certainly make us sick. farm fire is a very serious issue and it has to be tackled. there is no farmer bashing here, in their interval how many such machines for stubble removing has been used

Singh: stubble burning is harmful for the soil too. by removing it the soil is also strengthened. Delhi has to look into this otherwise soon we will have to close down everything, and we will have November vacation along with summer vacations.

Singh: your lordships stay in Lutyens Delhi where the situation may be better but rest of Delhi is gasping. Lutyens Delhi may also have the same situation.

CJI: We thought some immediate steps will be there

Singh: if BS VI vehicles are plying then why to stop those cars, if industries have to be closed down then close down those who dont meet AQI standards

An advocate mentions an intervention application: In Delhi the situation is there are aged vehicles . we have weddings now... unless there is a clear ban on firecrackers Delhi will choke.

CJI: What is the use of burning firecrackers in delhi in past 10 days after Diwali

UP Counsel: it cannot be said that orders should be followed by all states

CJI: So UP has no problem?

Counsel: no i am on the implementation of the orders

SG: i have a suggestion, meteorological scientists were also there in the emergency meeting and as per them the wind flow will be there after Nov 21. would this court not consider waiting till Nov 21 before implementing harsher measures

Justice Kant: you all say transport is main cause. we know all the gas guzzlers, hi fi cars run in Delhi roads. who will encourage them to stop this?

CJI: Delhi says there is no meaning of banning vehicles or have work from home if not implemented in all neighboring states. we thought the commission will give us steps like stop this that etc

DYC J: basically by Nov 21 nature will come to your rescue

CJI: so far as closing down establishments etc we can consider on Nov 21. But rest of things suggested by Singh is sensisble. construction is happening all year around and its nothing to do with stubble burning etc.

CJI: Asking industry to install latest non polluting technology is needed

SG: question is implementation

CJI; what is the committee doing for implementation

DYC J: nobody wants to exercise that power

CJI: Central govt officers .. how many vehicles are there and how are they travelling..look at Delhi govt

SG: What delhi govt has passed a salutory decision of work from home

CJI: you dont need all 100 officers in the office. you can instead call 50 officers.

Justice Kant: there are several govt localities where class IV to Class I employee,, cant they travel in public transport

SG: Work from home for a state like Delhi will have impact in Delhi. but if we go work from home it will have pan india ramifications

SG: Can the minimum impact it has on pollution outweigh the impact it will have on pan india functioning. thus we have suggested pooling vehicles.

Justice Kant: that is why we are suggesting that central govt officers living in govt colonies travel in public transport

CJI: We will again post the matter next Tuesday.

Singh: let the states atleast keep doing the efforts.

CJI: The committee directions have to be complied with

Singh: there are no directions that is the issue, let the, ensure there is no fire burning

CJI: What i am observing as a judge and before it as a AG i have observed that bureaucracy has gone into inertia and they don't want to do anything . like using sprinklers or water buckets we have to say. this is the attitude of the executive

DYC J: It is apathy and just apathy

One king decided once that no one should sleep hungry. one horseman was sleeping, the officials woke him up and asked that if you are hungry. when horseman said yes i am hungry he was not allowed to sleep. so no one was allowed to sleep: SG Tushar Mehta

Matter to posted to Wednesday
#supremecourt #delhiairpollution