New Delhi: Delhi’s choked air is resulting in “complete murder of our young people”, said the Supreme Court on Tuesday as it ordered an immediate ban on stubble burning by the neighbouring states of Punjab, Haryana, Uttar Pradesh and Rajasthan and directed the Cabinet Secretary to meet all stakeholders on Wednesday to devise an immediate cure to the rising pollution levels in the city. The matter will be heard next on Friday.

A bench of justices Sanjay Kishan Kaul and Sudhanshu Dhulia said, “We want this stopped altogether whether you take forceful action or give incentives against burning of stubble but you have to stop it. We are at zero level patience in these issues. This has to be sorted tomorrow so that it does not happen next year.”

Hearing a batch of cases seeking to curb Delhi pollution, the Court had on October 31 directed the states of Punjab, Haryana, Uttar Pradesh, and Rajasthan to indicate what steps have been taken to control pollution with regard to eight issues. These issues were highlighted in a report submitted by the Commission for Air Quality Management (CAQM) for Delhi and neighbouring areas.

Dealing with the responses, the bench wondered that though on paper it was suggested that farm fires have dropped by nearly 40%, there was no visible change to be seen in Delhi’s air which had already slipped to severe levels.

The Court also asked Delhi government that now with the same political dispensation – Aam Aadmi Party (AAP) ruling in Delhi and Punjab, why farm fires are still continuing. “You can’t be shifting the blame. It is complete murder of young people. See the situation in Delhi. How many children are on nebulizers. The suggestion given to them is shift out of Delhi.”

“The residents of Delhi have been struggling with this problem and there doesn’t seem to be a solution to aggravated pollution this time of the year which passes to next year,” the bench observed as it added, “One has to see if he have to traverse a different path. We cant depend on weather conditions to change to hope for some solution.”

As an immediate measure, the Court said, “We direct the state governments of Punjab, Haryana, Rajasthan and UP to ensure crop burning is stopped forthwith.” to ensure its proper implementation, the bench made the local SHO (head of police station) responsible to contain farm fires under the overall supervision of the DGP and chief secretary in the states.

The Court felt that the major issue behind crop burning is the burning of low cost paddy crop (non-basmati) which is grown across 30 lakh acres in Punjab and the timing of its burning which aggravates pollution in Delhi during this time of the season when winter sets in.

The Punjab government listed out some solutions which included Centre’s help to financially aid farmers in shifting to alternate crops such as basmati, cotton, maize or millets which is sought to be promoted by the Centre as well by providing minimum support price (MSP). The state also suggested an alternative in helping farmers in the state in purchase of costly equipment as part of crop residue management incentive payment (CRMIP) budgeted at ₹1935 crore. Of this amount, Delhi and Punjab government expressed willingness to contribute ₹375 crore each expecting Centre to foot in the remaining amount of ₹1175 crore. The state expected that these measures will go a long way in reducing stubble burning as the burning of paddy crops this time of the year contributes largely to pollution.

The bench noted that shifting from low cost paddy farming is beneficial even to Punjab as this crop consumes a lot of water and the water table level in Punjab has already reached a stage from where it cannot be redeemed.

The Court sought response of the Centre to these suggestions and directed Cabinet Secretary to hold an emergency meeting on Wednesday with all concerned stakeholders. “It is appropriate that for immediate action, Cabinet secretary calls for a meeting tomorrow (Wednesday) either physically or virtually so that we have a better picture and some redemption from bad air by Friday.”

For the Centre, Solicitor General Tushar Mehta suggested that last year the Delhi chief minister Arvind Kejriwal talked about a biochemical decomposer developed in collaboration with Indian Council of Agricultural Research that reduces stubble to manure on being sprinkled. “Let Punjab now start doing it. It has come from the chief minister of Delhi, whose statement I accept at face value that this will be a win-win situation,” Mehta said.

The Court said, “This blame game must end,” the Court remarked, even as it pulled up Delhi government for not blaming Punjab now just because the same political party is ruling there. “It can’t be a political battle all the time depending on who is ruling the state. Because you are the same political party, Delhi now says Haryana is responsible. We want this stopped altogether.”

The Court was assisted by two lawyers as amici curiae – senior advocates ADN Rao and Aparajita Singh who suggested that the Court also issue immediate directions with regard to the other sources of pollution, such as vehicular and open burning of waste. The Court directed Delhi government to ensure no municipal solid waste is burnt in the open.

As the Delhi government is seeking to implement restrictions on vehicular traffic based on “odd and even” scheme, the Court asked the state if it has been successful. “These are all optics,” said the bench as it sought steps taken by Delhi and neighbouring states on implementation of colour coding on vehicles based on use of fuel as ordered in December 2022. Amicus curiae Aparajita Singh said banning orange vehicles (diesel run) is more scientific as odd and even will even restrict CNG-based vehicles.

The Court further noted that most taxis operated by app-based aggregators have vehicles registered outside Delhi. The Court asked the Delhi government to inform the feasibility of restricting plying of taxis registered outside the state during this time of the year when pollution peaks. The Court also sought details of environment compensation cost (ECC) collected by Delhi government and status of its utilization.

The bench hoped that with these steps put in place there could be some difference in the air quality. “It is time something is done as of yesterday than postponing it for future.”