Holding

The Court held that the persistent pollution caused by stubble burning, construction, waste dumping and related activities amounts to a violation of the right to life under Article 21, rendering the responsible State and Central authorities liable for remedial action and possible compensation.

Summary

The Supreme Court, hearing a writ petition under Article 32, examined the severe air and water pollution in Delhi and the National Capital Region, identifying stubble burning, construction and demolition activities, open waste dumping, unpaved roads, garbage burning and traffic congestion as major contributors. It held that these conditions constitute a gross violation of the fundamental right to life under Article 21. The Court directed the Union, the governments of Punjab, Haryana, Uttar Pradesh, Rajasthan and the NCT of Delhi, as well as local bodies, to halt stubble burning, restrain demolition and construction, install smog towers, deploy anti‑smog guns, and implement comprehensive waste‑management and crop‑residue schemes, with penalties for non‑compliance. It also warned that the State machinery could be liable to pay compensation to affected citizens for the tortious breach of the public‑trust doctrine. The order culminated in a detailed set of compliance reports and timelines, after which the petition was disposed.

Issues considered

The extent to which air and water pollution in Delhi/NCR violates Article 21 of the Constitution.
Whether the State governments and Union are liable for compensation due to failure to prevent stubble burning and other polluting activities.
The adequacy of existing statutory frameworks (Air Act, waste‑management rules) to address the identified pollution hotspots.
The appropriateness of technological interventions such as smog towers, anti‑smog guns, oxy‑furnaces, nanotechnology and monitoring systems.

Legislation cited

Air (Prevention and Control of Pollution) Act, 1981s. 39, s. 95(1)(G)
Constitution of Indias. Article 21
Construction and Demolition Waste Management Ruless. 2016
Solid Waste Management Ruless. 2016

Subjects

environmental pollutionstubble burningair qualityArticle 21public trust doctrinecompensationDelhiNCRsmog towersanti‑smog gunswaste managementconstruction demolitiontraffic congestion

Judgment

500 [2020]
SUPREME COURT 2 S.C.R. 500
REPORTS [2020] 2 S.C.R.

A M. C. MEHTA
v.
UNION OF INDIA & ORS.
(IA Nos. 158128 and 158129 of 2019)
B In
(Writ Petition (C) No. 13029 of 1985)
JANUARY 13, 2020
[ARUN MISHRA AND DEEPAK GUPTA, JJ.]
C
Environmental Law:
Pollution – In hot spots in Delhi and NCR Regions – Supreme
Court while deciding earlier Interlocutory Applications, directed
Ministry of Environment, forest and Climate Change, Government
of India to submit status report – Report No. 106 filed by
D Environmental Pollution (Prevention and Control) Authority (EPCA)
– In order dated 4.11.2019, the Court noted that there is blatant
violation of Article 21 of the Constitution, by serious kind of pollution
by stubble burning, construction and demolition activities, open
dumping of waste/garbage, unpaved roads/ pits, road dust, garbage
E burning and traffic congestion – Various hot-spots in Delhi and
NCR regions were identified – The Court issued directions to the
States of Rajasthan, Punjab, Haryana and NCT of Delhi and to
Panchayats and concerned administrative Authorities to prevent
stubble burning – The Court also restrained demolition and
construction activities for the time being – Directions were issued
F to be taken care of by EPCA – By order dated 29.1.2018 the Court
directed constitution of High Level Task Force – The Court further
directed Central Government to work in collaboration and
consultation with various State Governments to stop the problem of
stubble burning – The problem of garbage disposal and waste
G management was also addressed by the Court – The Court by order
dated 13.11.2019 directed the Central Government and Government
of NCT of Delhi to consider installation of smog towers – The Court
by order dated 25.11.2019 directed to use new technology for
controlling the pollution – Ministry of Environment, forest and

H
500
M. C. MEHTA v. UNION OF INDIA & ORS. 501

Climatic Change filed Status Report regarding Smog Towers, Anti A
Smog Guns, Oxy Furnace, Nano technology, Chemical Methods,
Monitoring Technologies (i.e. Wireless Sensor Networks, Laser
Methods and Spectroscopic Monitoring Techniques) – The States
of Punjab, Haryana and Uttar Pradesh filed affidavits regarding
the steps taken by them to control the pollution – Directions issued:
B
To place on record the decision taken by High Level Committee –
To prepare comprehensive plan to prevent stubble burning – States
and Central Government to prepare a scheme for making available
implement to small and marginal farmers – Governments of NCT of
Delhi, haryana and Uttar Pradesh to file reports with respect to
various identified hot-spots and steps taken to clear the C
environmental hazards created by such hotspots – To complete
installation of smog tower at Cannaught Place and to install smog
tower at Anand Vihar – To use Anti-smog Guns in Delhi and NCR
region – States of NCT of Delhi, Uttar Pradesh, Haryana and
Rajasthan to identify dumped waste of plastic, industrial and other
D
wastes and ensure its removal on time bound basis – Pollution
Control Board to monitor industries to ensure that they comply with
the norms and standards of PM/NOx/SOx – States concerned to
take penal action against developers for flouting norms regarding
construction/ demolition and to file status report regarding the same
and also regarding compliance of road construction norms – The E
concerned States to make comprehensive plan for waste management
– In the areas where problems have been pointed out by EPCA, the
Authorities concerned, of those areas to ensure that remedial
measures are taken – DST to consider proposal for installation of
oxy furnace in glass industries – To work out for ‘Chemical Test
F
Methods’ and ‘Wireless Sensors network Technology’ – Government
of NCT of Delhi to make comprehensive plan to have full capacity
to deal with garbage and wastes – Pollution control Board to place
before Court the action taken to check vehicles plying on kerosene
– Pollution Control Board also to submit report regarding water
quality supplied in Delhi – Various State Governments directed to G
inform the Court about the measures taken in respect of pouring of
sevage and untreated industrial effluents in various rivers –
Governments of NCT of Delhi, Haryana, Punjab and U.P. to show
cause as to why they should not be saddled with compensation for
H
502 SUPREME COURT REPORTS [2020] 2 S.C.R.

A failure to prevent stubble burning and other pollutions – The States
concerned also to make plan to solve the problem of traffic
congestion.
CIVIL ORIGINAL JURISDICTION : I. A. Nos. 158128 and
158129 of 2019 in Writ Petition (Civil) No. 13029 of 1985.
B (Under Article 32 of the Constitution of India]
Harish N. Salve, Ms. Aparajita Singh, Sr. Advs., A.D.N. Rao,
Siddhartha Chowdhury, Advs. (A.Cs.), A.N.S. Nadkarni, Ms. Pinky
Anand, ASGs, Ms. Aishwarya Bhati, Siddharth Dave, P. S. Narasimha,
Ms. Anitha Shenoy, Gopal Jain, Abhishek Manu Singhvi, Gopal
C Shankarnarayan, Sr. Advs., D. L. Chidananda, Rajesh K. Singh,
Ms. Suhasini Sen, S. S. Rebello, Vijay Prakash, G.S. Makker, Mrs. Anil
Katiyar, Sanjay Kr. Visen, Rajeev Kumar Dubey, Kamlendra Mishra,
Nithin P., Vijay Panjwani, Ms. Ruchi Kohli, Vibhu Shankar Mishra,
Ms. Snidha Mehra, B.V. Balramdas, Chirag M. Shroff, Ms. Riya Thomas,
D Ms. Yashika Verma, Devendra Kumar Singh, Rajesh Katyal, Baldev
Attrey, Karunakar Mahalik, Ajay Bansal, Praveen Swarup, Lokendra
Kumar, Gaurava Yadava, Ms. Archana Sharma, M/s. S. Narain And
Co., Ms. Uttara Babbar, Ms. Bhavana Duhoon, Manan Bansal,
Ms. Sindoora VNL, Rahul, G. Tanwani, Ms. Aditi Tripathi, Ms. Kanti,
Ms. Srishti Agnihotri, Ms. Sharon Mathew, Sumit Gupta, Ms. Madhu
E Smita, Ms. Astha Tyagi, Rohit K. Singh, S.K. Bhattcharya, Bimal Roy
Jad, Saurav Agrawal, Anshuman Chowdhary, Vibhu Anshuman, Sanjeet
Singh, Ms. Gayatri Varma, Anish Sethi, Surjeet Singh, Ms. Sneha Z.
Masan, Senthil Jagadeesan, Shrutanjaya Bhadwaj, Ms. Divya Roy, R.D.
Upadhyay, Ajit Pudussery, Ms. Palak Mishra, Prashant Bez Boruah,
F Munawar Naseem, Ms. Bina Gupta, Gaurav Juneja, Dibranshu, Aayush
Jain, Sanjeev K. Kapoor, M/s. Khaitan And Co., Advs. for the appearing
parties.
Petitioner-in-Person
The following Order of the Court was passed:
G
ORDER
1. The matter pertains to the environment pollution with which
we are faced with today. Not only the air pollution is being caused
unabettingly, but we are also faced with the pollution of rivers in the
country. With respect to the pollution been caused in Delhi and NCR,
H
M. C. MEHTA v. UNION OF INDIA & ORS. 503

this Court while considering IA No.127792 of 2017 has passed various A
orders and disposed of the application dated 29.1.2018 and while taking
up the matter relating to the aforesaid Interlocutory Application on
14.10.2019 required the Ministry of Environment, Forest and Climate
Change, Government of India to submit its response along with a status
report. The matter was thereafter listed on 4.11.2019. Report No.106
B
was filed by EPCA with respect to pollution in hot spots in Delhi and
NCR regions. Following order was passed by this Court on 4.11.2019:
“We have heard Mr. Bhurelal, who has pointed out about
irrigation.
We have also heard some experts from the Ministry and the C
IIT and learned senior counsel for the parties and Amicus Curiae.
Today everyone is concerned about level of pollution in Delhi
and NCR region. This is not something new, every year this kind
of piquant situation arises for a substantial period. It is compounded
by the fact that year to year in spite of various directions issued D
by High Court, other authorities including this Court the State
Governments, Government of NCT of Delhi and the corporations
of Delhi and nearby States are not performing their duties as
enjoined upon them. This is a shocking state of affairs in which
we are put as on today. This is blatant and grave violation of right
to life of the sizeable population by all these actions and the E
scientific data which has been pointed out indicates that life span
of the people is being reduced by this kind of pollution which is
being created and that people are being advised not to come back
to Delhi or to leave the Delhi due to severe pollution condition
which has been created. There cannot be large scale exodus. F
People have to perform their duty in Delhi also and people cannot
be evacuated from Delhi being a capital city. We are at a loss to
understand why we are not able to create a situation in which this
kind of pollution does not take place, that too in a routine manner
every year. Obviously, it is writ large that the State Governments,
Government of NCT of Delhi and civic bodies have miserably G
failed to discharge their liability as per the directive principles of
State Policy which have found statutory expression, they are being
made statutory mockery and also the directions of this Court and
High Courts in this regard are being violated with impunity.
H
504 SUPREME COURT REPORTS [2020] 2 S.C.R.

A Time has come when we have to fix the accountability for this
kind of situation which has arisen and is destroying Right to Life
itself in gross violation of Article 21 of the Constitution of India.
No farmer can be said to be having a right under the guise that he
is not having sufficient time to use the stubble for the purpose of
manure, since they have less time between two crops, cutting and
B
sowing of next crop. As such, they cannot by burning it in their
fields, put life of sizeable population in jeopardy.
It is apparent from the satellite images which have been
produced before us for the period 30.10.2019 to 04.11.2019. The
satellite image clearly indicates that in Punjab there is widespread
C stubble burning which has taken place as compared to Haryana,
in which only in four districts it has taken place. There is some
burning in Western U.P. also. It could not have taken place even
in a singular district or gram panchayat area as we live in a civilized
country in which such kind of activities which create such menacing
D pollution not only in the area concerned but to the neighboring
States also, by ill-effects of that people cannot be left to die or to
suffer various ailments.
Everybody has to be answerable including the top state
machinery percolating down to the level of gram panchayat. The
E very purpose of giving administration power up to the panchayat
level is that there has to be proper administration and there is no
room for such activities. The action is clearly tortuous one and is
clearly punishable under statutory provisions, besides the violation
of the Court’s order. In the circumstances, as widespread stubble
burning has taken place, we direct the States of Punjab and
F Haryana and adjoining State of Uttar Pradesh where there is
blatant violation which has taken place, to halt it. We direct the
Chief Secretaries of the States of Punjab, Haryana and Uttar
Pradesh to be present in this Court on 06.11.2019 including Chief
Secretary of Government of NCT of Delhi.
G We direct the Chief Secretaries of the State Governments,
District Collectors, Tehsildars, Director General, IG/SP and other
police officers of the area of concerned police station and the
entire police machinery to ensure that not even a single incident
takes place of stubble burning henceforth. If it is found that any
H stubble burning has been made not only that person doing it will
M. C. MEHTA v. UNION OF INDIA & ORS. 505

be hauled up for the violation of the order passed by this Court but A
the entire administration, right from the Chief Secretary,
Commissioner, Collector and all other concerned functionaries and
Panchayats. Gram Pradhan/Sarpanch Panchayat are also directed
to ensure that no such stubble burning takes place.
Let the State Governments of Punjab, Haryana and Uttar B
Pradesh and officials also explain that why they should not be
asked to pay the compensation for tortious liability as they have
acquiesced and due to their failure in preventing stubble burning
which is in utter violation of the Public Trust doctrine, why they
should not be held liable to compensate, and also the incumbents
who are burning the stubble in spite of clear restrictions imposed C
by this Court and statutory prohibition.
We also direct the Sarpanch of each and every Panchayat and
SHO of the concerned area to prepare inventory of the incumbents
who have burnt the stubbles in their fields. We also direct the
Sarpanch, Gram Panchayat as well as the concerned police of D
the area and local administration including the Collector and all
subordinate authorities to ensure that no further stubble burning
takes place. In case, any stubble burning takes place responsible
machinery from top to bottom and Sarpanch, Gram Panchayat
shall be liable for tortuous act and for not complying with the E
order passed by this Court and let the Gram Panchayat also advise
forthwith the villagers not to involve in stubble burning any more
and take appropriate action.
We also direct the State Governments, Central Government
as well as the Government of NCT of Delhi to take immediate F
steps to take care of the emergent situation due to air pollution
which has taken place. No doubt about it that everybody knows
the situation, let the steps be taken forthwith with the help of the
experts. We direct the Government of NCT of Delhi as well as
various corporations to work in tandem and to see that waste and
garbage which is contributing to air pollution is tackled at war G
level. The efforts should be made right from today without any
loss of time.
Let the EPCA consider as it was suggested by Ms. Aprajita
Singh, learned senior counsel and the learned Amicus Curiae that
diesel vehicle should not enter the Delhi. Let the EPCA H
506 SUPREME COURT REPORTS [2020] 2 S.C.R.

A immediately take the steps in this regard as may be considered
appropriate as it has the power to do the needful taking care of
the emergent situation.
With respect to demolition and construction activities we direct
that no demolition and construction activities take place in Delhi
B and NCR region. In case it is found that such activity is done, the
local administration as well as the municipal authorities including
the Zonal Commissioners, Deputy Zonal Commissioners shall be
personally held responsible for all such activities. They have to
act in furtherance of the Court’s order and to ensure that no such
activity takes place.
C
We are informed that use of coal based industries have been
stopped. In case any violation of this is found the concerned person
including Zonal Deputy Commissioner would be liable for violation
of the order of this Court and liable to be punished for contempt
of Court.
D
It was also pointed out by Mr. Sanjiv Sen, learned senior
counsel, that during odd/even scheme in Delhi more use of two
wheelers and three wheelers has taken place and they are being
plied more causing equal pollution, as such no useful purpose is
being served by stopping the use of certain vehicles only on the
E basis of odd and even numbers. He has also pointed out that it
would be appropriate to stop the use of diesel vehicle, in case it is
necessitated as the diesel vehicles cause more pollution as
compared to petrol and CNG vehicles. Let the Government of
NCT of Delhi explain this aspect and file the data in this regard in
F the Court on the basis of the previous experience and whether if
three wheelers and taxies are plying more on road during such
restriction and relevant data be placed.
During Odd/Even Scheme what is the difference being caused
by stopping use of four wheelers when various other contributory
G factors are not taken care of by Government of NCT of Delhi.
An affidavit has been filed by the Ministry of Environment and
Forest, in which in paragraph 10 following facts have been
mentioned. Air quality, winter inspections 2019-20 status till
31.10.2019 is extracted hereunder:-

H
M. C. MEHTA v. UNION OF INDIA & ORS. 507

“ AIR QUALIT Y WIN TER INS PECT IONS’ ( 201 9- A
2020) STATUS – till 31.10.19
Total complaints lodged : 1646
Total inspections – 249
Major Sources reported B
C &D Open D ump ing o f Unpa ved Road D ust Garba ge Tra ffic
waste / garbage Road/ P it Burning Congestio n
496 407 201 154 126 81

Source Delhi NCR
C&D New Delhi District Noida (12%)
(10.3%) Faridabad (11.7%) C
East district (9.8%) Gurugram (South)
West district (8.2%) (10.9%)
Ghaziabad (8.5%)

Open dumping of New Delhi District Noida (9.58%)
waste/garbage (17.44%) Faridabad (8.84%)
East district Gurugram (South)
(14.98%) (6.14%) D
South district (7.8%) Ghaziabad (5.4%)

Unpaved Road/ Pit South West Ghaziabad (12.44%)
(10.59%) Faridabad (9.21%)
East & south district Noida (8.75%)
(9.67%)
North West district E
(7.37%)

Road Dust East District (22.72 Ghaziabad (16.23%)
%) Meerut (11.6%)
North West district Noida (8.44%)
(7.14%) Sonipat (5.84%)
North district (5.8%)
F
Garbage Burning North west District Gurugram (South)
(13.5%) (15.1 %)
North district Noida (12.7%)
(10.3%) Faridabad (9.5 %)
North East district
(9.5%)
G
Traffic Congestion North District Ghaziabad (4.9%)
(23.5%) Noida (3.7%)
East district (13.6%)
Central district
(11.1%)

H
508 SUPREME COURT REPORTS [2020] 2 S.C.R.

A Major polluting activities defined in identified hotspot regions :
1. Jahangirpuri
• Open dumping of garbage & C&D
• Traffic congestion
B 2. Rohini
• Road dust
• Open dumping of garbage
3. Bawana
• C&D & Unpaved roads
C
• Open dumping of garbage & road dust
4. Ashok Vihar
• Open dumping of garbage & C&D
• Road dust
D
5. Wazirpur
• Open dumping of garbage
• C&D
6. Vivek Vihar
E • Traffic congestion
• C&D
• Open dumping of garbage & road dust
7. Anand Vihar
F • C&D
8. Punjabi Bagh
• C&D
9. Mundka
• Unpaved roads
G
• C&D and industrial waste dumping
10. Narela
• Industrial waste – dumping & burning
• Garbage – dumping & burning
H
M. C. MEHTA v. UNION OF INDIA & ORS. 509

11. Okhla A
• Open dumping of garbage
• Open dumping of industrial waste and C&D
12. Dwarka
• C&D B
• Unpaved road
13. Mayapuri
• Unpaved road
• Road dust
C
14. Sahibabad
• Unpaved road
• Road dust
• Open waste dumping
• C&D D

15. Udyog Vihar
• Open dumping of garbage
• Unpaved roads
16. Faridabad E
• C&D
• Open dumping of garbage
• Unpaved roads
• Open burning F
• Industrial waste dumping
As per the Air Quality Inspection Construction and demolition
activities in Delhi/NCR region causing damage in NOIDA,
Faridabad, Gurugram, Ghaziabad as well as instances of Delhi
have also been mentioned. G
1. Construction and demolition
2. There is open dumping of waste/garbage.
3. Unpaved road/pit.
4. Road dust. H
510 SUPREME COURT REPORTS [2020] 2 S.C.R.

A 5. Garbage burning.
6. Traffic congestion.
We direct that construction, demolition and activities be stopped
forthwith as well as garbage burning. In case, any person is found
in construction and demolition activity and garbage burning in Delhi
B and NCR region, he/she shall be penalized. Any person is doing
construction and demolition activity in violation of this order, shall
be penalized with Rs.1 Lac for such activity. For garbage burning
he/she shall be penalized with Rs.5,000/- and besides liable for
violation of the order passed by this Court to be dealt with in
C accordance with law.
With respect to open dumping of waste and garbage, we direct
the Government of NCT of Delhi as well as the concerned
Municipal Corporation to chalk out immediate plan and to ensure
that waste and garbage to be removed to safe places forthwith
D and also to ensure that no open dumping takes place. We direct
Zonal Deputy Commissioner to be responsible with other officers
in this regard. Let road-maps be prepared so as to provide proper
amenities in order to prevent open dumping of waste and garbage,
and be placed before this Court within four weeks.

E For taking care of the road dust let water sprinklers/dust
suppressors be used on the roads. An IIT expert suggested about
the appropriate water pressure for the sprinklers. At what pressure
water should be sprinkled so as to reduce the pollution and dust so
that it does not add to the pollution. Let the Corporations act on
advice of the expert of the IIT. Such roads where traffic congestion
F is more, let traffic plan be also prepared in such a manner so that
there is no extra burden on a particular road so that traffic
congestion is taken care of. It is for the concerned traffic authorities
to take immediate steps in this regard.
Since we are fixing the liability on the person responsible for
G inaction at the village level as well as three States in the NCR
regions as well as Delhi, let the widest publicity by all means of
publication i.e. Television, Media, newspapers, Radio be made. In
Gram Panchayats by beat of drums also and other modes to ensure
that villagers are made aware of their responsibility and liability
towards the other humans so that they do not involve in such acts.
H
M. C. MEHTA v. UNION OF INDIA & ORS. 511

Let the Gram Panchayat, police station, district and taluk levels A
by the concerned administration take steps in this regard. Let the
State Governments also take the requisite steps to extinguish the
stubbles which are burning and for that let State Level High Level
Committee meet forthwith and take appropriate decision and
implement it. Steps taken be informed to this Court on 06.11.2019
B
by the concerned Chief Secretaries of the three States and
Government of NCT of Delhi.
Let the concerned authorities of EPCA meet forthwith and
take a call in this regard with respect to industrial activities which
are causing pollution how to control it. We also direct all pollution
control Boards of three States and Government of NCT of Delhi C
that polluting industries/activities against norms are put to halt
forthwith.
It was also submitted by M/s. Sanjiv Sen and Gopal
Sankaranarayanan, learned senior counsel that in certain States
generators are also being used which increase pollution mainly D
due to cut off of the electricity supply. Generators in Delhi also
add to pollution in Delhi as well as in NCR region. Let the State
Governments and Government of NCT of Delhi ensure that
electricity is not cut so that generators are not used and let no
generators be used till next date of hearing except in emergency/ E
healthcare services.
Let the State Governments, NCT of Delhi and also the
Government of India prepare a road map for preventing this kind
of situation in future and be placed before this Court, within three
weeks. Let the Action Taken Report be submitted within four F
weeks.
Directions/order to be effective unless otherwise ordered.
List on 06.11.2019 at 3.30 P.M.”
2. It was noted by this Court that there is a blatant violation of
G
Article 21 of the Constitution i.e., Right to Life by the serious kind of
pollution which is being caused by various factors including stubble
burning. The stubble burning in the month of October/November
comprises approximately 40% of the pollution, but for the remaining
period, stubble burning is not the cause of pollution in Delhi and NCR
H
512 SUPREME COURT REPORTS [2020] 2 S.C.R.

A region. It was noted by this Court that various other factors which were
responsible for causing pollution are as under:
1. Construction and demolition activities.
2. Open dumping of waste/ garbage.
B 3. Unpaved roads/ pits.
4. Road dust.
5. Garbage burning.
6. Traffic congestion.
C 3. Various hot-spots in Delhi and NCR regions were identified as
noted in the report. This Court has noted the problem of farmers in
stubble burning as short gap between two crops due to which agriculturists
indulge in stubble burning. We have seen the satellite images of Punjab
where stubble burning was more as compared to Haryana and Western
Uttar Pradesh from the records of the previous years.
D
4. We have observed that the entire machinery involved in the
administration has to be held responsible for such a tortious act.
Particularly, in view of the fact that this problem is not new and is continuing
since long, and the authorities have not been able to find a solution,
every year, hue and cry is raised. The same reflects badly on the
E administration, its lethargy is writ large by not taking appropriate action
timely and preparing a scheme for its prevention.
5. In the circumstances, we have issued directions to the Chief
Secretaries of the States of Rajasthan, Haryana, Punjab, and NCT of
Delhi. This Court has also issued directions to all the authorities including
F panchayats and concerned administrative authorities to ensure that stubble
burning does not take place. Other directions were also issued to be
taken care of by the Environmental Pollution (Prevention and Control)
Authority (EPCA). Considering the precarious situation, we also
restrained demolition and construction activities for the time being and
G directed the Municipal Authorities, Zonal Commissioners and Deputy
Zonal Commissioners to take care of the situation.
6. Some learned counsels have pointed out the fallacy of the odd-
even scheme also as this was applied to the cars which are contributing
to three percent of the pollution and also 28% caused by the vehicular
H pollution and then approximately 50% cars operate in Delhi even on
M. C. MEHTA v. UNION OF INDIA & ORS. 513

those days having odd or even numbers. Thus, it was pointed out that it A
was not the solution. We have called for certain data in this regard also.
7. The matter was taken on 6.11.2019 by this Court. We have
heard the Chief Secretaries of various States, including the Attorney
General and passed the following order:
“Heard Sh. K. K. Venugopal, learned Attorney General for B
India, Sh. Tushar Mehta, learned Solicitor General of India, Mr.
A.N.S. Nadkarni, learned Additional Solicitor General, Mr. P.S.
Narasimha, learned senior counsel.
We have also heard the Chief Secretaries to the States of
Punjab, Haryana, Uttar Pradesh and Govt. Of NCT of Delhi in C
extensive detail, who have appeared today pursuant to our order
dated 04.11.2019. We have also heard Mr. Charanpal Singh Bagri,
learned counsel appearing for the farmers. We have heard Mr.
Bhure Lal as well.
We find that in advance, no serious groundwork was made by D
the concerned States where the stubble burning is taking place.
This Court passed an order on 29.01.2018. The comments and
recommendations made by EPCA on the report of the Sub-
Committee of the High Level Task Force on prevention of stubble
burning in Punjab, Haryana and Western Uttar Pradesh was E
considered by this court. This Court directed the High Level Task
Force to adhere to the timelines decided upon by itself and to
ensure full compliance by all concerned. This Court also directed
the Union of India to give publicity to the Report of the High
Level Task Force so that the people are aware of the action been
taken. Publicity can be given through print and electronic media F
as well. Thus, in the pious hope that stubble burning and its impact
on the environment shall be taken care of, this Court disposed of
the application.
The Report of the Sub-Committee of the High Level Task Force
on stubble burning in Punjab, Haryana and Western Uttar Pradesh G
has been placed on record, in which a suggestion was made to
offer Rs. 100/- per quintal as incentive and disincentive both.
The Chief Secretary to the States of Punjab has placed on
record the action plan for control of burning of the crop in the
State of Punjab dated 01.10.2019. However, the same does not H
514 SUPREME COURT REPORTS [2020] 2 S.C.R.

A contain the proposal to pay Rs. 100/-. The steps taken by the
State of Punjab, pursuant to the order passed by this Court on
04.11.2019 have been placed on record by the Chief Secretary,
which we take on record, in which a suggestion has been made to
offer financial support in the form of operational cost of crop
residue management equipment to play a positive role to achieve
B
zero stubble burning. It has been proposed that the amount of Rs.
100/- per quintal would come to Rs. 2000-2500/- per acre. It was
also stated that there is a crop of approximately 24 quintals per
acre.
Be that as it may, we direct, in the facts and circumstances of
C the case, to take care of the stubble, which has not been burnt by
the small and marginal farmers in the States of Punjab, Haryana,
and Western Uttar Pradesh and to provide them financial support,
quantified amount at Rs. 100/- per quintal of Non-Basmati Paddy,
shall be given to those farmers within seven days from today by
D the State Governments to those who have not burnt the stubble.
The Central Government has provided the Scheme of
Promotion of Agricultural Mechanization in the States of Punjab,
Haryana, Uttar Pradesh and NCT of Delhi for the period of 2018-
19 and 2019-20 with a total outlay of Rs.1151.80 Crores for in-
E situ Crop Residue Management such as Super Straw Management
System for Combine Harvesters, Happy Seeders, Hydraulically
Reversible MB Plough, Paddy Straw Chopper, Mulcher, Rotary
Slasher, Zero Till Seed Drill and Rotavators are promoted with
50% subsidy to the individual farmers and 80% subsidy for
establishment of Custom Hiring Centres of these machines. The
F Central Government has disbursed its 100% share of funds
amounting to Rs. 269.38 Crores, Rs. 137.84 crores, Rs. 148.60
Crores and Rs. 28.51 Crores to the States of Punjab, Haryana,
Uttar Pradesh and Central Agencies respectively.
It appears from the statements made by the Chief Secretary
G to the State of Punjab and Mr. Charanpal Singh Bagri, learned
counsel appearing for the farmers that most of the farmers burning
stubble are of the category of small and marginal farmers in the
State of Punjab and the Cooperative Societies give the machines
on hire basis, which cannot be afforded by the small and marginal
H farmers. We have been assured by the Chief Secretaries to the
M. C. MEHTA v. UNION OF INDIA & ORS. 515

State of Punjab, Haryana, Utter Pradesh that they will be dedicating A
certain machines for the use of small and marginal farmers. Even
operational expenses shall be borne by the State Governments
for the time being till the methodology/policy is devised to provide
proper facilities of machines dedicated to small and marginal
farmers in each of the States. Let roadmap be prepared for that
B
purpose as it is this class of farmers who requires a support as it
is by way of compulsion and short duration of time between two
crops and they cannot afford the machines which are valuable,
having high cost and there is so much small gap between two
crops that they are forced to burn stubble in the circumstances.
As projected by the Chief Secretary that the Government is C
not able to provide financial support to these small and marginal
farmers, cannot be accepted. Agriculture is the backbone of the
economy of this country. Its interest cannot be overlooked and
self-created bankruptcy cannot rescue it when the State has the
obligation towards the agriculture. The Central Government is D
providing the money. The State Government has contributed to it.
They cannot ignore the interest of the small and marginal farmers.
It is the bounden duty of the Central as well as the State
Government to ensure the interest of these class of farmers is
catered and they have the facilities of farming and harvesting by
modern machines. It should not be prerogative of the chosen few, E
those who have the money, means and power to afford these
luxuries. It is absolutely necessary that poor farmers are equally
provided with the modern facilities which are necessary to prevent
such incidents of stubble burning and the State Governments’
selfcreated bankruptcy or paucity of funds cannot be a guise, not F
to discharge its obligation, as laid by this Court in “Municipal
Council, Ratlam Vs. Vardhichand & Ors.”, reported in AIR 1980
SC 1622. We have issued the directions to the various States in
accordance with the spirit of the aforesaid decisions.
The Central Government has also its role to play in the matter. G
In spite of releasing the funds, constituting High Level Committee,
submitting report to the Court on the basis of which this Court has
passed the order on 29.01.2018, nothing happened to prevent the
stubble burning and it has increased this year. Stubble burning
took place last year also. That was enough to put on guard the
H
516 SUPREME COURT REPORTS [2020] 2 S.C.R.

A machinery of various Governments, but they did not act in the
real earnest. That is why, the incident of stubble burning for want
of proper policy has taken place in utter disregard to Court’s order.
Even the suggestions which were made in the Report, which had
been considered by this Court in January, 2018 that Rs. 100/- to
be provided as incentive, could not be finalised is nothing but the
B
pathetic state of affairs in which we are put as on today. The total
apathy is writ large.
The authorities, concerned Committees, the State Governments
ought to have acted to discharge their duties. Directive Principles
of the State Policy have been left out of the purview of the Courts
C for the reason that the State Governments should have full freedom
to implement those in the manner it so desires and the Courts may
not become the hurdle in implementing the schemes when they
have found expression in various schemes. The schemes cannot
be permitted to remain dead letter as futility of such schemes is
D injurious to the very rule of law and can create anarchy. When
schemes have been framed, they are to be implemented and we
fully agree with the submission raised by the Attorney General
for India that for this pathetic state of affairs, officers cannot
escape from their responsibility and liability. They have to be held
liable for their inaction and for the situation which is being created
E every year. When we come to the responsibility of the officers,
obviously, each and every incumbent manning the State
Government also becomes responsible to take steps in the positive
direction. To punish farmers is not an ultimate solution. To provide
them the basic facilities, amenities and modern equipment is the
F call of the day, which has not taken place and the benefits which
are being given to the cooperative societies are being usurped
mostly by the big farmers. Small and marginal farmers are still
not able to reap the fruits of these schemes/machines. We are
assured by the Chief Secretaries that they will be looking into this
aspect and definitely taking action for allocating these machines
G to small and marginal farmers. Let them consider at present even
without charging anything from them. We direct the State
Governments to dedicate these machines, modern equipment for
the service of small and marginal farmers for the time being even
if necessary free of cost. Let concrete steps be taken and action
H
M. C. MEHTA v. UNION OF INDIA & ORS. 517

taken report be submitted to this Court within a period of one A
month from today by the concerned State Governments.
We have been informed by the Chief Secretary of the State of
Punjab that they have ordered certain machines to be purchased
in the month of July, August and September, 2019. They are
receiving the requisite machines everyday. We expected and it B
was required that steps should have been taken timely for procuring
these machines and to make them available before the harvesting
season came for the crop. Now we expect the State Governments
to procure the machines as early as possible and submit a report
in this regard within four weeks from today.
C
It was suggested by the Attorney General that it would be
appropriate to direct the concerned Ministries of the Central
Government as well as the State Governments involved in the
matter to prepare a comprehensive plan to take care of the situation.
It is a welcome suggestion and we accept it. We direct the Ministry
of Agriculture, Ministry of Environment and Forests and the States D
of Punjab, Haryana and Uttar Pradesh and the Government of
NCT of Delhi to prepare a comprehensive scheme to take care
of environmental issues and all such ancillary issues taking care
of providing small and marginal farmers with modern equipment
and let such a scheme be prepared not only for these States but E
for various other States where such facilities are lacking and are
required to be provided. For that, modalities may be worked out
as per the scheme to be framed by the Central Government in
collaboration/ consultation with the various State Governments.
Let it be done within three months from today and the report of
the steps to be taken be submitted to this Court. F

For the time being, we direct the States of Punjab, Haryana
and Uttar Pradesh to disburse the money and they should not
wait for or write letters to the Central Government to give certain
funds for this purpose. Let it be released forthwith and any
noncompliance of the same would be viewed seriously, is made G
clear to the concerned Chief Secretaries, who are present in this
Court.
We will take a final call on the aspect of finance also when we
consider the detailed report to be submitted by the State
H
518 SUPREME COURT REPORTS [2020] 2 S.C.R.

A Government and after hearing the other stake holders, including
the Central Government.
It has been pointed out by the learned counsel appearing for
the farmers that certain petitions are pending. As prayed jointly,
CWP No. 23799 of 2017 titled as “Bhartikisan Union Vs. Union
B of India and Others” and CWP No. 15582 of 2018 titled as
“Charanpal Singh Bagri Vs. Union of India & Ors.” Filed by the
farmers in the High Court of Punjab and Haryana, they are
transferred to this Court for being heard along with this matter.
We have heard the Chief Secretary of Delhi also and have
C pointed out the tables extracted in the order dated 04.11.2019
passed by this Court there are various factors which are
contributing to the pollution in Delhi such as construction and
demolition, open dumping of waste, garbage, unpaved roads/pit,
road dust, garbage burning and traffic congestion. It is apparent
from the table extracted in the order dated 4.11.2019 that
D contribution to large extent is made by the aforesaid factors and
stubble burning in the other States has contributed to 40% to 44%
only. It is the shocking state of affairs that in the National Capital
of Delhi there are unpaved roads/pits. We have not been able to
take care of the road dust in spite of spending huge amount every
E year, open dumping and waste, garbage burning is still taking place.
Basically, the Corporation and the Government of NCT of Delhi
has failed to prepare a proper scheme in this regard. When the
garbage/waste can be managed in Pune and Indore very
effectively, why we cannot have a waste management scheme in
Delhi, particularly when it is the capital city and face of India.
F This is reflective of a total apathy of the officers and lack of
planning and nonaccountability for the money spent, which is
responsible for the situation in which we are put today. It is only
the Monitoring Committee which is doing its job effectively,
otherwise position would have been much worse. We expect all
G the authorities to take care of the situation, we request the
Monitoring Committee also to look into these aspects and
compliance is made. We authorize them to look into these aspects,
whether orders of this Court in this regard are being appropriately
carried out or not and submit a report to this Court.

H
M. C. MEHTA v. UNION OF INDIA & ORS. 519

It has been assured by the Chief Secretary of the NCT of A
Delhi that most of the aspects will be taken care of within seven
days. They have made a consultation with the IIT Expert on the
pressure with which water to be sprinkled on the roads and
chemicals to be used so as to settle the dust. We hope and trust
that the statement made by the Chief Secretary is carried out in
B
true letter and spirit and let a compliance report in this regard be
filed in this Court, taking the steps not only with respect to these
works but various hot spots which have been pointed out with
respect to Delhi by the Government of NCT of Delhi, with respect
to other places such as Faridabad, Gurugram etc. we direct the
concerned Chief Secretary to the States to take care of those hot C
spots and to submit a compliance report of the needful. With
respect to unpaved roads/pits, there should ideally be no pits/
potholes as they are cause of various accidents and accidental
deaths. There are uncovered chambers also which are left.
Unpaved roads have also contributed to the pollution and dust.
D
Let a concrete plan in this regard, notwithstanding colony is legal
and has been handed over or not, be prepared and submitted to
this Court by the Government of NCT of Delhi in collaboration
with and consultation of the various corporations and time frame
for that be also stated. In how much time they are going to improve
the road conditions. Pits/potholes be taken care of positively within E
three weeks from today.
8. This Court vide order dated 29.1.2018 has directed the
constitution of a High Level Task Force to adhere to the timeline decided
and compliance by all concerned. This Court has earlier directed the
Union of India to publish the report of the High Level Task Force so that F
people are being aware of the action being taken. Publicity was to be
given in print and electronic media as well. Acting upon the public trust
doctrine imposed upon the authorities, this Court has disposed of the
application. A report of the Sub-Committee of the High Level Task
Force was submitted before this Court in which suggestion was made to
give Rs.100/- per quintal of incentive and disincentive both. G

9. Pursuant to the order passed by this Court on 4.11.2019, the
Chief Secretary of Punjab placed on record a suggestion to offer financial
support in the form of operational cost of Crop Residuary Management
Equipment to play a positive role to achieve zero stubble burning. It was
H
520 SUPREME COURT REPORTS [2020] 2 S.C.R.

A proposed that an amount of Rs.100/- per quintal would come to Rs.2000-
2500/- per acre as yield is approximately 24 quintal per acre. Considering
the aforesaid, we have directed that financial support of Rs.100/- per
quintal for Non-Basmati Paddy shall be given to those farmers who
have not burnt the stubble as an incentive. For in-situ crop residue,
Central Government has provided a scheme of promotion of agricultural
B
mechanization in the States of Punjab, Haryana, Uttar Pradesh and NCT
of Delhi. For the management of straw 50% subsidy has been provided
to the individual farmers and 80% for the establishment of Custom Hiring
Centres for procuring machines as mentioned in the order.
10. It was pointed out that marginal farmers and poor farmers
C burn the stubble as they do not have means either to purchase or to hire
the machines such as Super Straw Management System for Combine
Harvesters, Happy Seeders, Hydraulically Reversible MB Plough, Paddy
Straw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill and
Rotavators, etc. The interest of these classes of farmers has to be
D looked into by the concerned State Government so that they are able to
do harvesting by the modern machines and facilities. This Court has
noted that adequate steps have not been taken by the concerned State
Governments and the Committees despite the order passed by this Court.
They ought to have discharged their duties. This Court also directed the
State Government to dedicate certain machines with modern equipment
E for the service of small and marginal farmers. A comprehensive plan
was ordered to be prepared to take care of the situation. We have
directed the Central Government to work in collaboration and consultation
with various State Governments to do the needful within three months
and to submit a report in this Court.
F 11. This Court also observed as to why there is no proper system
of disposal of garbage and waste management and the proper scheme
has not been prepared in this regard by NCT of Delhi. When it can be
managed in cities like Pune and Indore effectively, it is disheartening to
note that Chief Secretary has ultimately stated that they have an
G arrangement for only 55% of the garbage and waste and not for the
remaining 45% per year. In these circumstances, we have directed the
Monitoring Committee to look after these aspects and to submit a report
with respect to NCT of Delhi. We have also directed that unpaved
roads, potholes should also be taken care of. Potholes are the cause of
various accidents and accidental deaths. We have directed that potholes
H
M. C. MEHTA v. UNION OF INDIA & ORS. 521

be taken care of within three weeks and for unpaved roads, a A
comprehensive plan be prepared.
12. This Court thereafter took up the matter on 13.11.2019 and
passed the following order :
“RE : SMOG IN DELHI
B
We have asked the learned counsel appearing for the Union of
India as well as the Government of NCT of Delhi to convene a
meeting by tomorrow for working out the feasibility of installation
of smog towers which take care of the smog within certain range
of kilometers, to say 3 to 10 kms and place their concrete proposal
before us as it is an urgent matter from the point of view of Delhi. C

We direct the Central Pollution Control Board (CPCB) to
produce the record of each and every day from 02.11.2019,
including that of 11th and 12th November, 2019, which were not
odd/even days, till 14.11.2019. The record of the month of October
2019 shall also be produced before this Court. The day-to-day D
record of the last year, maintained by CPCB, for the same period
from 01.10.2018 till 31.12.2018 and January and February 2019
be also placed on record before this Court. Let the requisite
affidavit be filed on or before 15.11.2019.
As requested by Mr. Dhruv Mehta, learned senior counsel, let E
additional documents/affidavit be filed during the course of the
day.
Notice be issued in W.P. (C) No. 1333 of 2019 (Item No. 309
- Odd/even case) and be listed along with this matter on 15.11.2019.
F
A copy of the writ petition be furnished on the standing counsel
for the respondent.”
13. This Court directed the Union Government and Government
of NCT of Delhi to convene a meeting to consider the feasibility of
installation of Smog Towers.
G
14. On 15.11.2019 following orders was passed by this Court:
“A joint affidavit on behalf of Ministry of Environment, Forest
and Climate Change and Central Pollution Control Board has been
given in Court today along with some letters one of which was
sent to Department of Science and Technology dated 31.10.2019 H
522 SUPREME COURT REPORTS [2020] 2 S.C.R.

A (Annexure R/3) regarding establishment of towers to remove
pollution but a final decision is required to be taken on the said
proposal. The above affidavit is taken on record.
As prayed, let a decision in the matter be taken within seven
days from today.
B With respect to Project Vayu, let the concerned stakeholders
file their response as to how much time will be taken to note the
results of the trial and the minimum period required for that. The
requisite affidavit be filed within seven days.
We have heard Member Secretary, Central Pollution Control
C Board (CPCB) and other senior counsels/counsels appearing for
the parties. The Member Secretary, CPCB has pointed out that
pollution caused due to stubble burning has been reduced to
approximately 5%, however, residue remains of the previous
stubble burning that is also adding to the pollution.
D It was also pointed out that vehicular pollution adds to 28% of
the total pollution of Delhi. Out of that 8% is created by trucks,
1% by tractors, 3% by buses, 3% by cars, 7% by two-wheelers,
5% by three-wheelers, 1% by LCVs. He has pointed out that
odd-even scheme is applied to the cars only, which contribute
E only 3% out of 28% of the total pollution caused by the vehicular
traffic in Delhi. Mr. Mukul Rohatgi, learned senior counsel has
also pointed out that applying odd-even scheme with respect to
cars cannot be said to be a wholesome solution. However, in the
absence of the effective public transport, two-wheelers and three-
wheelers plying has not been stopped.
F
Another factor which is important for causing environmental
pollution in Delhi and NCR region is said to be construction
activities. Agricultural burning is adding to 4%, industries 30%
and the residential sector in the form of Bio Mass, Kerosene and
LPG is adding to 10% in total.
G
It was also pointed out that there are complaints that some
vehicles are plying illegally using kerosene in Delhi/NCR and Delhi
Pollution Control Committee (DPCC) has power and authority to
check such use in Delhi. The DPCC can do the needful in the
matter. We direct DPCC to ensure the random checking is done
H of three-wheelers as well as vehicles which are being used in
M. C. MEHTA v. UNION OF INDIA & ORS. 523

Delhi by corporations as well as other such bodies etc. as to what A
kind of fuel is being used. In NCR region concerned pollution
control bodies to do the checking. In case it is found that Kerosene
is used not only the concerned driver/owner shall be responsible
but the officers of the Department shall also be held responsible
for using the kerosene oil. Let random checking be done of as
B
many vehicles as possible and a report be submitted to this Court
within seven days, of the checking done in this regard.
It was also pointed out by the Member Secretary, CPCB that
there are 13 hot spots which have been identified in Delhi and
there were several other spots in NCR which were also pointed
out in the order dated 06.11.2019. Some steps have been taken to C
take care of those hot spots but lot of steps remain to be done.
Let the effective steps be taken so as to remove the pollutants
from the hot spots as ordered by this Court. Hot spots be cleared
of the pollutants within a week, which is a reasonable period as
stated by the Member Secretary, CPCB and compliance affidavit D
be filed.
We have asked Mr. Mukul Rohatgi, learned senior counsel
appearing on behalf of the NCT of Delhi, to find out what effective
steps can be taken to curb the pollution in Delhi and NCR Region,
considering the onset of winter and fog conditions which are going E
to cause serious problem.
We have seen that in spite of imposition of odd-even scheme
the pollution is increasing in the city of Delhi and the NCR region
and pollution has reached to very severe level. Drastic steps are
required to be taken by all concerned working in tandem and to F
cooperate with each other as it is not an adversarial litigation. Let
the concerned authorities discharge their duties in view of Doctrine
of Public Trust and rise to the occasion to take care of the pollution
which is being caused. Let the effective steps be suggested to
this Court, as assured, on 25.11.2019. It was also pointed out that
in Haryana, Punjab and Uttar Pradesh stubble burning is still taking G
place. Satellite images have been placed on record by Ms. Aprajita
Singh, learned Amicus Curiae, Mr. A.N.S. Nadkarni, learned
Additional Solicitor General of India and Mr. Mukul Rohatgi,
learned senior counsel. In the circumstances, in order to ensure
that necessary steps are taken and no stubble burning takes place, H
524 SUPREME COURT REPORTS [2020] 2 S.C.R.

A the presence of the Chief Secretary of the State of Punjab,
Haryana and Uttar Pradesh and the NCT of Delhi is required as
lot is required to be done and the pollution level is worsening in
Delhi and NCR region, in spite of orders. We direct the Chief
Secretary of the above mentioned States/NCT of Delhi to file
their respective affidavits of the steps taken and to remain present
B
in this Court on 25.11.2019.
We are not dilating further on the odd-even scheme issue as it
was stated by Mr. Mukul Rohatgi, learned senior counsel, that as
to odd-even scheme today is the last day. Be that as it may, let
further data has to be placed by CPCB as well as the Government
C of NCT of Delhi in this regard.
The Delhi Development Authority (DDA), PWD/CPWD and
all the Corporations of Delhi cooperate and extend full support to
the Monitoring Committee, any non-compliance to be viewed
seriously by this Court.
D
List on 25.11.2019.”
15. It was pointed out by Shri Mukul Rohatgi, learned senior counsel
appearing on behalf of Government of NCT of Delhi that by applying
odd-even scheme with respect to cars alone cannot be said to be a
E wholesome solution. In the absence of effective public transport, two-
wheelers and three-wheelers plying have not been stopped.
16. As a matter of fact, in our opinion, it is absolutely necessary to
have an effective public transport system in order to ensure that plying
of private vehicles is minimized. Until and unless the Government fulfills
F its obligation to provide an effective public transport system, private
vehicles are bound to be plied and adding to the problem.
17. It was pointed out that 28% of the total pollution is caused by
vehicular traffic. Though pollution by stubble burning was reduced to
5%, one of the major factors for pollution is construction and demolition
activities. Agriculture burning is adding to 4%, and industries are causing
G
30%, residential sector in the form of Bio Mass, Kerosene and LPG are
adding to 10% in total.
18. This Court also took note of the submission that certain vehicles
were found plying on Kerosene. This Court has issued appropriate
directions in this regard also. Thirteen hot-spots were identified in Delhi
H
M. C. MEHTA v. UNION OF INDIA & ORS. 525

and various other spots in NCR. We have issued directions in this regard A
also. However, at present status report is required to be filed by Delhi
and NCR region with respect to these hot-spots, which have been
identified and noted in the orders mentioned above.
19. It was also pointed out to this Court that in winter fog conditions
are going to cause further deterioration of the Air Quality Index (AQI). B
This Court thereafter directed the matter to be listed on 25.11.2019.
Following order was passed:
“1. Heard the learned counsel for the parties and the Chief
Secretaries to the States of Punjab, Haryana, Uttar Pradesh and
Govt. of NCT of Delhi at length. We find from the Affidavit placed C
by Mr. A. N. S. Nadkarni, learned ASG, that the fire count as on
07.11.2019 has increased thereafter in the States of Punjab and
Haryana and Uttar Pradesh on some of the days. The situation is
alarming and indicates that the order has not been complied with
and for that not only the State machinery is responsible, but the
farmers are also responsible. Considering the aforesaid aspects D
and also the Air Quality Index, it has become necessary to take
care of the situation, otherwise such incidents are not going to
stop in future.
2. We are informed by the Chief Secretary to the Govt. of NCT
of Delhi also that they have arrangements to clean annually the E
garbage and waste to the extent of 55% only and the remaining
45% cannot be cleaned in spite of best efforts considering the
annual capacity to clean the garbage/waste. We have suo moto
taken note of the water pollution in Delhi and other places as it
appears that there are reports that impure water is being supplied F
to the people and there are reports to the contrary that samples
have been manipulated. We cannot leave the matter at that. As a
matter of fact, in such a matter of air and water pollution, it is the
Constitutional duty enjoined upon all the stakeholders to do the
needful for providing better air and potable water. It was also
stated by the Chief Secretary to the Govt. of Delhi that there are G
certain problems of governance. The problem of governance, if
any, cannot come in the way to deal with such matters. It is
expected from the Government machineries not to enter into the
rival claims, but to sit down together, work it out how to improve
H
526 SUPREME COURT REPORTS [2020] 2 S.C.R.

A the air quality and whether potable water is being supplied or not,
and how to improve the water management.
3. We are also apprised by the Chief Secretary to the State of
Uttar Pradesh that they are mainly focusing on eight districts, as
with regard to those districts this Court has passed the order. He
B has also reported to us that stubble burning incidents, which have
been increased, are in the Eastern region. It may not affect Delhi
and NCR Region. As a matter of fact, such approach is not
understandable that the State has to take care of only those areas
for which this Court has issued the directions. We take judicial
notice of the fact that there are six other cities in the country
C which are reportedly more polluted in air quality index than Delhi,
out of which three are stated to be in Uttar Pradesh only. Hence,
we propose to issue notice to all the States to report to us what is
the Air Quality Index in the various towns. How they are
discharging their obligations with respect to lifting of the garbage,
D waste etc. and by and large, we can take judicial notice of the
fact that similar is the situation in virtually several cities in various
States. The Corporations are not having even the basic
arrangements for lifting the garbage, which is being generated
everyday. It appears to be a case of lost priorities. Be that as it
may, there are certain cities which are managing the garbage
E effectively and efficiently in India, which indicates that it can be
done in effective way but there is lack of proper planning in that
regard.
4. We see Yamuna river virtually turned into a sullage. We take
judicial notice of this situation. Similar is the position with Ganges.
F As it proceeds, industrial effluents are being poured in rivers.
Sewage is also being directly put in rivers contributing to the river
water pollution. We direct the Pollution Control Boards of the
various States as well as the Central Pollution Control Board and
various Governments to place before us the data and material
G with respect to various rivers in the concerned States, and what
steps they are taking to curb the pollution in such rivers and to
management as to industrial effluents, sewage, garbage, waste
and air pollution, including the water management. We club the
ending case of water management with this matter.

H
M. C. MEHTA v. UNION OF INDIA & ORS. 527

5. It was stated by the Chief Secretary to the State of Punjab that A
there are few machines by which stubble can be collected called
the bailors but those machines are concentrated in few districts
only. He has assured us of the fact that such bailors to be provided
in different districts at block levels so that small farmers can use
these machines for removal of the stubble. We direct the States
B
of Haryana and Uttar Pradesh also to do the needful in this regard.
We also issue notice to various other States as stubble burning is
taking place in various other States also to submit a report as to
the stubble burning in their States and what steps they are taking
and what they propose to do in this regard.
6. With respect to Smog Towers, let a concrete decision be taken C
within 10 days from today what kind of towers are required which
may operate successfully and how many such towers are required
so as to take care of the pollution which is being caused in Delhi
and NCR region. The decision be taken not only by the Government
of Delhi, but also by the States of Punjab, Haryana and Uttar D
Pradesh, where the position is reported to have deteriorated.
7. We are informed that Anti Smog Guns were experimented by
the Government of NCT of Delhi which is used as a cannon that
sprays automized water 50 metres into the air to bring down
suspended pollutants. The device is connected to a water tank E
and it can be taken to different parts of the city on a vehicle. We
require the Government of NCT of Delhi to report to us what
steps they have taken in this regard to use and acquire these Anti
Smog Guns and the outcome of the experiment which was
performed. Let Central Pollution Control Board (CPCB) also
ascertain and submit a report regarding the effect created by the F
use of such guns within 10 days.
8. There are other technologies which are being used to control
the pollution. Oxy Furnaces are being developed to reduce the
Ozone Emissions from industries. Technology of i) Wireless
Sensors; ii) Nanotechnology; iii) Laser methods; (iv) Spectroscopic G
monitoring techniques and (v) Chemical methods are also used so
as to control the pollution.
9. We require an IIT expert to be associated by the CPCB and
High Level Committee to be formed by the Central Government
H
528 SUPREME COURT REPORTS [2020] 2 S.C.R.

A including that of the stakeholders of the Government of NCT of
Delhi to work out on the aforesaid various technologies and how
they can be utilised and their feasibility etc. Let the Committee be
constituted within three days from today and report be filed within
three weeks in this regard with respect to above-mentioned
technologies.
B
10. As we have noted that from last several years, the position of
air pollution is worsening in spite of various orders passed by this
Court. The reports and the scientific data indicating that large
section of people are suffering from the dreaded diseases due to
such air pollution such as Cancer, Asthma and various other
C diseases. Life span is adversely affected. Time has come that the
various States recognise right to life is important right. Human life
and health have been put in danger. In such scenario, why they
should not be required to pay compensation to such persons who
are being affected by inadequate arrangement to check the air
D pollution, non-lifting of garbage, waste which add ultimately to the
pollution.
11. In this case we find that Delhi is lacking the capacity to the
extent of 45% to even clean the garbage/waste which is being
generated. Similar is the situation in various other places. We take
E note of the situation which is alarming and time has come to remind
the State machineries as to their duties as all of us are meant to
serve the people of this great country. Our Constitution has
envisaged certain Directive Principles as they are more important
rights at the discretion of the Government. The Courts are not to
interfere in that, but dereliction cannot be to the extent that the
F very right to life is endangered by the inaction.
12. We find that the State has to take care of the health and
strength of workers, men and women. Children are given
opportunities and facilities to develop in a healthy manner. The
State is duty bound under Article 41 also to take care of old age,
G sickness and disablement etc. The State is also under obligation
under Article 47 to raise the level of nutrition and the standard of
living and to improve the public health. Under Article 48, the State
is duty bound to endeavour to organise agriculture and animal
husbandry with modern and scientific lines. Article 48A deals with
H protection and safeguarding of forests and wild life. Article 51A(g)
M. C. MEHTA v. UNION OF INDIA & ORS. 529

confers duty on individuals to protect and improve the natural A
environment including forests, lakes, rivers and wild life, and to
have compassion for living creatures. Article 51A(h) requires to
develop scientific temper, humanism and the spirit of inquiry and
reform.
13. Not only the basic Fundamental Rights are being ignored with B
respect to air and water, problem of governance are being
projected, which cannot come into the way of the basic
Fundamental Rights which a human enjoys, much less to talk of
the Fundamental Duties and Directive Principles contained in the
State policy which have already found statutory expression in the
form of Municipal laws, Prevention of Air Pollution and Water C
Acts and various schemes framed by the Central Government
and State Governments, but we see neither the air quality has
improved nor the water quality in several States, not to talk of
Delhi only. We have called for the report from Delhi Government
where the reports indicate that the contaminated water is being D
supplied and also from Bureau of Indian Standards to submit report
in this regard.
14. In the aforesaid situation, we have to direct the various State
Governments to submit a report not only as to the air quality but
also as to the quality of water which is being supplied, and water E
management system.
15. At the same time, as we find that in spite of various orders
passed by this Court, we are not able to improve the situation of
air quality which we can see at least in Delhi and NCR with
certainty. Time has come to require the State Governments to F
explain why they should not be asked to compensate the persons
who are being affected by bad air quality. Obviously, the State is
run by the administration, why liability should not be imposed for
such a tort on the concerned machinery also of the various States
which are failing to discharge their basic duties. This Court in
Municipal Council, Ratlam Vs. Vardhichand & Ors., reported in G
(1980) 4 SCC 162 has held they have to take proper and positive
action in this direction. It is their bounden duty to provide civic
amenities, and also to see that self-created bankruptcy does not
come in the discharge of the statutory obligation which are
necessary for existence of human life. We have seen during the H
530 SUPREME COURT REPORTS [2020] 2 S.C.R.

A course of the arguments that one State is passing the burden upon
the Centre and then it is stated on behalf of the Central
Government that they have framed scheme and it for the State
Governments to implement it. We expect not only the ‘policy
making’ but also its ‘implementation’. Let the States of Punjab,
Haryana, Uttar Pradesh and the Government of NCT of Delhi
B
respond, due to the air pollution, why the concerned Government
and its concerned machinery, from top to bottom, should not be
asked to compensate the citizens of Delhi and adjoining areas for
various diseases which are being caused and sufferings and
troubles which are being faced and the report indicates the life
C span is being shortened. Let show cause notice be issued to the
various State Governments, and to the Chief Secretaries, to submit
reply within six weeks. Let the matter be listed for consideration
on 17.01.2020. The Chief Secretaries to the States of Punjab,
Haryana, Uttar Pradesh and Government of NCT of Delhi be
personally present on that date.
D
16. Besides that, we also issue notice to the learned counsel
appearing on behalf of the farmers as to show cause why the
orders of this Court have been violated and why the farmers should
not be asked to pay the compensation which may be determined
by this Court and why the burden should not be fastened upon
E them also.
17. Let the decision be taken with respect to other technologies
mentioned in Paragraph No. 8 above as also the decision to be
take on the smog guns and smoke towers within 10 days from
today. List the case for consideration of above aspects on
F 09.12.2019. “
20. This Court was again apprised of that stubble burning had
increased after 7.11.2019 in the State of Punjab and Haryana and Uttar
Pradesh on some of the days.

G 21. Regarding water pollution in Delhi and other places, considering
the reports that impure water was being supplied to the people, which
was not potable, we have directed the concerned authorities to sit together
for improving the quality of the water and methods to improve water
management.

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M. C. MEHTA v. UNION OF INDIA & ORS. 531

22. It was pointed out that apart from Delhi, there were six more A
polluted cities in terms of AQI than Delhi. We have issued notice to all
the States to improve the quality of Air and what steps the corporation
and other municipal bodies were having for the effective disposal of
garbage. As to the pollution of rivers, this Court has directed to place
the data as to what steps are being taken by various State Governments
B
to curb the pollution in the rivers as more than 300 rivers are reported to
be polluted by way of industrial effluent, sewage, etc.
23. The Chief Secretary of State of Punjab also pointed out that
stubble can be collected by the machines called balors. They were
concentrated only in a few districts. We were assured that they would
be distributed in different districts and block-level where small farmers C
can use these machines for removal of the stubble.
24. We have directed that with respect to Smog Towers, a decision
be taken not only by the Government of NCT of Delhi but by all
concerned stakeholders i.e., Punjab, Haryana, Uttar Pradesh, etc. With
respect to Anti Smog Guns also, we have directed how they can be used D
to minimise pollution be reported to this Court. Besides, the Court has
directed that the use of new technology be considered like:
1. Oxy furnaces to reduce the ozone emission from the industries.
2. Wireless Censors E
3. Use of Nano Technology
4. Laser methods
5. Spectroscopic Monitoring Techniques
25. Chemical methods are also useful for controlling pollution. F
We have directed that appropriate Committee to be formed and decision
be taken and informed to this Court. We have also noted that air pollution
is worsening and a large number of people suffer as a side effect by
various diseases such as cancer, asthma, etc. The life span is also
adversely affected. We have also required to show cause as to why the
State machinery should not be held responsible for compensating the G
people for making inadequate arrangements to check air pollution, having
no arrangement for the lifting of the garbage and waste, which ultimately
also adds to the pollution. We have noted the constitutional statutory
obligation of the Government and the various other bodies, State
Governments and various Municipal Bodies in the above-mentioned order. H
532 SUPREME COURT REPORTS [2020] 2 S.C.R.

A We have also called the report as to water pollution from Delhi
Government as well as the Bureau of Indian Standards. We have also
directed the States of Punjab, Haryana, Uttar Pradesh and Government
of NCT of Delhi to respond as to why the concerned Government and
machinery should not be asked to compensate the person for the various
sufferings and trouble faced by them and violation of their right under
B
Article 21 of the Constitution. For that, the matter has been listed on
20.01.2020.
26. Thereafter the matter was taken on 9.12.2019 and the following
order was passed :
C “It is submitted by Mr. A.N.S. Nadkarni, learned ASG, that the
Central Government had referred the matter to the Committee
formed by the Central Government regarding Smog Guns and
Smoke Towers and other technologies, as mentioned in Serial Nos.
6, 7 & 8 of the order dated 25.11.2019.
D Let the Chief Secretaries, Department of Environment,
Government of NCT of Delhi and the States of Punjab, Haryana
and Uttar Pradesh be also made the Members of the Committee
formed by the Central Government.
Let the report of the Committee be filed with respect to the
E aspects mentioned in Paragraphs 6, 7 & 8 of order dated
25.11.2019, by 11.12.2019.
Let the States of Punjab, Haryana and Uttar Pradesh also
respond about the stubble burning matter on or before 11.12.2019.
List the matter for consideration on 16.12.2019.
F
As mentioned by Mr. Ranjit Kumar, learned senior counsel,
Report Nos. 1 and 2 be also placed for consideration on
16.12.2019.
IA NOS. 177602 AND 177610/2019
G In the affidavit dated 05.12.2019, the Central Pollution Control
Board (CPCB) has stated as under :-
“12. That it is respectfully submitted that it is normally
experienced that in month of December depending upon
climatic condition the AQI category varies. As a matter of
H
M. C. MEHTA v. UNION OF INDIA & ORS. 533

fact, last year (2018) 8 days in the month of December were A
in severe AQI category. Presently the situation not being severe,
CPCB is of considered opinion that partial ban could be in
place for construction activities in as much as no construction
should be permitted during night time (6.00 pm to 6.00 am).
The ban imposed could be partially lifted by permitting activities
B
during day time (6.00 am to 6.00 pm), subject to the criteria
stipulated in GRAP, wherein strict enforcement of rules for
dust control in construction activities and closure of non-
compliant sites is mandated in moderate to poor AQI category
and further a bank on construction activities may be imposed
by EPCA if Ambient AIR quality levels persist in severe+/ C
emergency category for 48 hours or more.”
Hence, the ban is relaxed in terms of the recommendations
made by the Central Pollution Control Board (CPCB), as quoted
above. However, conditions for raising construction be
scrupulously followed. D
The applications are disposed of.”
27. An affidavit has been filed by respondent No.1, i.e., Ministry
of Environment Forest and Climatic Change, wherein it has been pointed
out that Ministry has constituted a High-Level Committee on 27.11.2019
to submit a report regarding the various technologies which can be utilized. E
A Committee has been constituted with the following:
“ a. Member Secretary, CPCB-Chairman
b. Director, NEERI-Member
c. Member Secretary, DPCC-Member F
d. Head of Technology Missions Division, DST-Member
e. Professor Mukesh Khare, Civil Engineering Department, IIT
Delhi – Member
f. Professor Mukesh Sharma, Civil Engineering Department, IIT G
Kanpur – Member
g. Head of Air Quality Division, CPCB – Member”
28. As soon as the report is received, the Ministry shall deliberate
upon the report of the Committee and submit it to the Court.
H
534 SUPREME COURT REPORTS [2020] 2 S.C.R.

A 29. A Status Report in the form of an affidavit has also been filed
on 16.12.2019 by the Ministry of Environment, Forest and Climatic
Change. Following issues were considered:
a) Smog Towers
b) Anti-Smog Guns
B
c) Oxy-Furnace
d) Nanotechnology
e) Chemical Methods
f) Monitoring Technologies
C
i. Wireless Sensor Networks
ii. Laser Methods
iii. Spectroscopic Monitoring Techniques
D 30. Following proposal was considered:
Smog Towers:
“A proposal by IIT-Bombay and IIT-Delhi in association with
University of Minnesota proposed large scale air cleaning
system with down-draft approach for reducing pollution
E concentration level. The technology aims to provide down
draft for the air flow through electricity run rans and filter
bank for passage of polluted air. The technology sucks air
from top of the tower and provide a downdraft flow through
high efficiency filter at 3-4 m height from the ground. The
F flow is induced by 40 fans. The land area coverage is 20m x
20m for tower base surrounded by 10m x 10m for shrouded
and safety area, thus total of 30m x 30m with approx. height of
20m The tower will be made of 6m x 6m rectangular stainless
frame enforced concrete structure and 40 fans will be pushing
air through 4 m high filtration systems covering the four sides
G with a total airflow rate of 960 m3/sec. Effective Clean Air
Delivery Rate (CADR) of is 75 million m3/ day. It was reported
that on an average of 65% of reduction can be achieved up to
700 m and it is expected to influence more than 1 km in the
downwind direction. At the same time the radius of influence
is around 400 m in all other directions.
H
M. C. MEHTA v. UNION OF INDIA & ORS. 535

31. A decision has been taken to start a pilot project as suggested A
by the Indian Institute of Technology, Delhi and Indian Institute of
Technology, Bombay and Expert Panel of Department of Science and
Technology and the Delhi Government to take up the Pilot Project at
Connaught Place. It has also been pointed out that the Ministry is in
favor of adopting new technologies also, which helps in mitigating air
B
pollution and cut at the root. The Ministry has, thus, for the time being,
decided to establish one or two demonstration towers in the area of
localized residents of the high pollution level. After the efficiency of
these demonstration towers, the Ministry will consider installing multiple
towers.
In re: Anti Smog Guns C

32. With respect to Anti-Smog Guns following observations have
been made:
“Based on the findings of CPCB-DPCC study, it may be inferred
that anti-smog gun may be effective in controlling localized (50- D
70m) dust during the period of application and more suitable to
high dust emission zones such as large construction sites.”
In re: Oxy Furnace
33. With respect to Oxy Furnace observations of the High-Level
Committee is as under: E
“While there have been instances to suggest the usage of oxy-
fuel furnaces in glass industries, only research project/ pilot studies
have been run for other industries. Test runs have been conducted
to assess the feasibility of oxy furnaces in power plants, however,
no instance of any large scale run has been found. F
It is suggested that in order to understand sector specific
applicability of oxy furnace for a given size and area, a detailed
feasibility study involving sector specific experts and stakeholders
may be conducted my Department of Science & Technology in
association with the concerned ministry. G
It is noteworthy to mention that in urban centers, most of the
Nox is released from vehicles. Thus, there may not be a
considerable reduction in ambient air levels of Ozone with the
implementation of oxy furnaces. Also there are Nox emission
standards specified for these sectors.” H
536 SUPREME COURT REPORTS [2020] 2 S.C.R.

A In re: Nano Technology
34. With respect to Nano Technology, it has been pointed out that
the use of nanotechnology is on the research and development stage.
Following observations has been made:
“Use of photocatalytic paints for passive air cleaning is at
B research and development phase and implementation of passice
photocatalytic cleaning of outdoor air will require both small and
large demonstration projects.
Better understanding of parameters controlling release of
nanoparticles from nanomaterials is required in order to formulate
C safer paints i.e. less nanoparticles and VOCs releasing paints with
the same photocatalytic efficiency.
It is recommended that a pilot study led by Department of
Science & Technology in association with concerned Ministry,
IISC, IIT Kanpur and paint manufacturers may be taken to study
D the effectiveness of paints using nanomaterials for cleaning
ambient air including monitoring of release of other undesirable
compounds.”
In re: Chemical methods
35. With respect to Chemical Methods, the Committee has made
E
the following observations:
“Chemical methods are well-established methods for pollution
control in specific industrial sectors.
Use of dust suppressants at sites requiring dust control such as
F construction & demolition sites and unpaved road have already
been suggested to agencies in Delhi NCR.”
36. With respect to monitoring technology such as Wireless Sensor
Methods, Laser Methods and Spectroscopic Monitoring Techniques
observations of the High-Level Committee are produced hereunder:
G “Wireless Sensor Network technology is still in developmental
stage and IIT and NEERI are evaluating performance in terms of
its accuracy, precision by collocation study against conventional
real-time instruments. The smart city air quality monitoring has
included WSN as community monitoring network. However, WSN
H may be used as an indicative monitoring tool for few activities like
M. C. MEHTA v. UNION OF INDIA & ORS. 537

mining, large construction sites, having emission potential to A
supplement air quality data and report to regulator for conducting
further investigation before taking actions.
*** *** ***
The laser light scattering based ambient particulate monitoring
has challenges as large spatio-temporal variability in India and the B
sensitivity of this technique to different particle characteristic &
varied whether condition among and within season leads to more
difficulties in adopting this principle in regulatory monitoring in
India, however certified instruments based on this technique may
be considered in future. C
Regarding LiDAR, this technology may be adopted for vertical
monitoring at few places to track transport of pollutants at higher
altitude and for optimization of air quality forecasting.
*** *** ***
D
Spectroscopy methods are being extensively used in air quality
monitoring (both source and ambient air) in CAAQM and CEMS.
New methods having specific applications are being incorporated
in various technical guidelines after periodic review.”
37. An affidavit has been filed on behalf of the Government of
E
NCT of Delhi, pointing out the observations of the High-Level Committee.
They have mentioned about a pilot project with respect to the installation
of Anti-Smog Towers. It has been pointed out that they have decided to
set up a tower at Connaught Place. It has been proposed that the pilot
project will be completed by September 2020. With respect to Anti-
Smog Guns following observations have been made during the F
experiment/ testing.
“That, Anti-Smog Gun demonstrated on 02.12.2019 is a type of
conical cannon that sprays atomized water with thrust up-to 70
meters with 360 degrees of rotation of the cannon. The cannon/
gun was also equipped to spray atomised water from horizontal G
range (0 degree) upto 60 degrees. The device was connected to
a water tanker and mounted on a truck trolley to provide mobility.
In order to achieve objectivity during the experiment, the ambient
air quality parameters around the area of experiment before, during
the experiment at different points of time and after the experiment
H
538 SUPREME COURT REPORTS [2020] 2 S.C.R.

A were recorded. The following were observed during the
experiment:
i. The ambient air quality (PM 2.5) recorded was 20% to 30%
less than the pre & post experiment hours. The PM 10 also
came down by the same margin of 20% to 30% during the
B duration of experiment and the effect continued till one hour
after the spraying was stopped.
ii. During the experiment, the atomized water droplets travelled
upto 70 meters approximately and there was no substantial
wetting of the ground on which it can be concluded that there
C is optimization of use of water and there was very high
probability of contact between the atomized water droplets
and the particulate matter and resultant cleansing effect.
iii. Though there was measurable impact on the ambient air quality
during the experiment, the same may have been contributed
D by other influencing factors and may not be limited only to the
use of Anti Smog Gun.
iv. It was concluded by the observing team that Anti-Smog Gun
has the potential to reduce the particulate matter load added
into air by the local sources in following activities:
E • Large construction sites
• Road construction stretches particularly during earthwork
and compacting
• Mining activities
F • Large parking sites on unpaved areas during large public
gatherings.
• Demolition activities
• Sprinkling on dust prone traffic corridors.

G v. It is further recommended by the observing team that use of
such Anti Smog Gun may also be considered on the roof of
high-rise buildings to measure its effectiveness in trapping
particulate matter during bad air quality days.”
38. It has been pointed out that on the basis of the aforesaid
experiment dated 2.12.2019 directions have been given to all construction
H
M. C. MEHTA v. UNION OF INDIA & ORS. 539

agencies engaged in activities over large construction site in Delhi to use A
Anti Smog Guns so that dust is not emanated during activities such as
earthwork, compaction, concreting, loading and unloading of raw material,
road construction, and demolition activities, etc.
In re: Affidavit by the State of Punjab:
39. An affidavit has been filed on behalf of the State of Punjab. It B
has been pointed out that the Special Monitoring Cell has been constituted.
The action taken report dated 7.12.2019 has been filed. It reads as
under:
S No. Action Upto
7.12.2019 C
1. Total Number of Fire incidents reported by 52525
Punjab Remote Sensing Centre

2. Total Number of site visited by the Sub- 52287
Divisional Teams
D
3. Total Number of sites at which no crop residue 26347
burning observed

4. Cases in which Environmental Compensation 23308
imposed
(Amount) (Rs.6.10 Cr.) E
5. Red entries made in the revenue record 23298

6. Criminal complaints filed u/s 39 of Air 279
(Prevention and Control of Pollution) Act, 1981.

7. FIRs lodged u/s 188 of IPC 1737
F
8. Total Number of cases of imposition of 84
Environmental Compensation on harvest
combines

40. It is further pointed out that for providing financial assistance
an amount of Rs.100/- per quintal for non-basmati paddy, the Department G
of Agriculture and Farmers Welfare has framed a scheme for making a
payment to small and marginal farmers who do not burn the stubble. A
total of 240307 applications were received, out of them 29725 applications
were rejected. 38697 applications were verified, whereas 171885
applications are under process of verification. H
540 SUPREME COURT REPORTS [2020] 2 S.C.R.

A 41. It has also been pointed out by the State of Punjab in their
affidavit that the supply of total machine as per order dated 6.11.2019 is
21,302. The Department of Agriculture and Farmers Welfare has fixed
a nominal rental rate at which machinery would be provided to small and
marginal farmers by the Custom Hiring Centres and Cooperative
Societies.
B
42. A comprehensive plan has also been prepared in collaboration
with the Ministry of Agriculture, Ministry of Environment and Forests,
Government of India, the States of Haryana and Uttar Pradesh and the
Government of NCT of Delhi to find all possible solutions like in-situ, ex-
situ, diversification from paddy to other crops as well as increased use
C of paddy straw in power generation and other allied industries.
Approximately 200 balers have been provided in the State under various
schemes (SMAM RKVY In-situ SMAM) in compliance of the order
dated 25.11.2019. Since balers and rake were not included in the in-situ
CRM Scheme, they have been included in the SMAM scheme for 2019-
D 20 under Center-State Share Pattern on priority. District-wise detail of
application under process for subsidy distribution has also been filed.
43. Six continuous Air Quality Monitoring Stations have been set
up in the State of Punjab at Amritsar, Jalandhar, Ludhiana, Mandi,
Gobindgarh, Patiala and Khanna. The Department of Science and
E Technology and Environment, Government of Punjab, has prepared and
submitted an action plan for nine non-attainment cities, namely Dera
Bassi, Naya Nangal, Patiala, Amritsar, Khanna, Ludhiana, Jalandhar,
Dera Baba Nanak and Mandi Govindgarh. Air quality levels of Amritsar,
Jalandhar, Ludhiana, Mandi, Gobindgarh, Patiala and Khanna be placed
and in case they are not up to the mark, what steps are being taken.
F With respect to nine non-complying districts as mentioned in para 13 of
the affidavit, what is the action plan and its time limit be indicated.
44. Let the Government of Punjab place before us with respect to
steps taken and scheme and on what nominal rates machinery will be
provided to marginal and small farmers in Custom Hiring Centres. Let
G a road map in this regard be prepared and placed before us in this Court.
Let a comprehensive scheme be placed in this Court as directed to take
care of the situation and the date from which balers have been made
available, as pointed out in Annexure (D).

H
M. C. MEHTA v. UNION OF INDIA & ORS. 541

In re: Affidavit by State of Haryana A
45. On behalf of the State of Haryana, it has been pointed out that
it has identified 4128 eligible small and marginal farmers and distributed
the amount of Rs.16,342,327.50/- to 3930 farmers after verification that
they did not burn the stubble. After the order dated 6.11.2019, the
Government of Haryana took proactive steps by providing enough B
machines to small and marginal farmers and also providing Rs.1,000/-
per acre as ‘Operational Costs.’ Support is provided not only to non-
basmati growers but also to Muchhal variety of basmati growers in the
State of Haryana. For not controlling the stubble burning, 23 Officers
were charge-sheeted, 7 Officers were suspended and 499 show-cause
notices were issued to Village Level Nodal Officers and the total number C
of FIR registered were 2020. The State of Haryana had deployed 24414
machines out of which 8773 are owned by individuals, 15641 are with
2831 Custom Hiring Centres (CHCs). During the year 2019-20
Government had established 1637 CHCs against 1300 earlier year.
46. The State of Haryana took the initiative to rope in Gram D
Panchayats for the establishment of CHCs. They are available free of
cost to small and marginal farmers.
47. We direct in this regard that let a requisite percentage of
machines be dedicated and reserved for small and marginal farmers.
E
48. With respect to Straw Balers Unit following data has been
filed:

Sr. No. Straw Baler Units Numbers
1 Established upto 05.11.2019 i.e. before 64 F
the orders of Hon’ble Supreme Court

2 Established since 06.11.2019 to 131
11.12.2019

3 Purchase/ establishment under process 155
(The State Government had already issued G
permits to the farmers for the purchase)

49. Progress with respect to Straw balers is required to be reported
to this Court.
H
542 SUPREME COURT REPORTS [2020] 2 S.C.R.

A In re: Affidavit by State of Uttar Pradesh
50. An affidavit has been filed on behalf of the State of Uttar
Pradesh, wherein it has been pointed out that with respect to stubble
burning, various incidents were reported between 1st October to 30th
November 2019. Following actions have been reported:
B i. “Departmental action against 599 Lekhpals.
ii. Warning has been issued to 24 Sub-Divisional Magistrates
and Tehsildars.
iii. Adverse entry given to one Deputy Director of Agriculture.
C iv. Notice issued against Gram Pradhans under 95(1)(G) of PR
Act.
v. Adverse entries given to 19 Class II officers.
vi. Department proceedings started against 526 officers and
employees.
D
vii. FIR registered against 1867 farmers.
viii. Fine imposed against 2186 Farmers or. Rs.237.23 lakhs and
66.03 lakhs recovered till date for flouting this Hon’ble
Supreme Court orders.
E ix. Department has distributed 10568 Crops Residue
Management implements to farmers, Custom Hiring Centres
and Farm Machinery Banks. Farmers can hire implements
from Custom Hiring Centres and Farm Machinery Banks.
x. The Government of India has developed a CHC app from
F where a farmer can get information about Custom Hiring
Centres nearest to him.
xi. 480 Sugarcane Societies and Cooperative Societies are also
being provided with 2400 implements for hiring by farmers.
xii. Department is also making budgetary provisions to provide
G
in-situ management implements to the tune of Rs.3 lakhs to
all 59073 village Panchayats of the State in the next two
years, so that Crop Residue Management implements are
available nearest to the farmers.
xiii. 5 implements each are being kept at the 200 Mandies of the
H State also,
M. C. MEHTA v. UNION OF INDIA & ORS. 543

xiv. These measures will help in the easy availability of A
implements to farmers.
xv. Due to interdepartmental coordination, 5 lakh kg/ day of
stubble may be used in gaushalas for feeding of animals.
xvi. For ex-situ management of crop residue, the Chief Secretary
has already held a meeting with Oil Companies. They are B
preparing a plan for crop residue being used as biofuels.
They are inviting expression of interest in the month of
January for the establishment of biofuel plants based on crop
residue in those districts where major burning took place.
xvii. All District Magistrates and Superintendent Police have been C
ordered by the State Government to be on vigil and take
appropriate action to stop crop residue burning.
51. It has been pointed out in substance that actions have been
taken against various incumbents. Crop Residue Management implements
have been distributed to farmers, Custom Hiring Centres and Farm D
Machinery Banks, where farmers can hire implements from them.
52. Direction to be issued to provide implements to small and
marginal farmers free of cost or on concessional basis and to reserve
certain equipment exclusively for them.
E
53. The stubble is also being used in Goshalas for feeding animals
and for exclusive management of crop residue, meetings have been
conducted with the oil companies to use crop residue as biofuel. Let the
State of Uttar Pradesh place on record the deliberations. The States of
Punjab, Haryana and Rajasthan are also directed to consider the same,
including use of the stubble in goshalas for feeding animals. F
54. In the Report No.106 filed by the Environment Pollution
(Prevention and Control) Authority (EPCA), it has been pointed that
massive amount of plastic, rubber and other industrial waste has been
burnt in the open, which is one of the causes of pollution. In Bawana,
Mundaka and Tikri, EPCA first worked with the Delhi Pollution Control G
Committee (DPCC) to issue necessary direction for closure, but directions
were not sufficient and the problem of disposal of waste continues.
55. Later on, MOU’s have been entered into between the
Industries and the Delhi MSW Solutions Limited for sending the waste
for incineration. As a result of which 80,000 tonnes of plastic and other H
544 SUPREME COURT REPORTS [2020] 2 S.C.R.

A waste have been sent for incineration. Around 8,000 tonnes of plastic
and other waste have been removed from the Shahdara drain, however,
it is the tip of an iceberg. The problem still remains the same. In Delhi
and NCR, waste is piled up and then burnt. Thus, it requires urgent
remedial action.
B In re: Report No.106 by EPCA
56. In view of the report No.106 of EPCA, following aspects
have to be looked into:
(A) There has to be an identification of dumped waste of plastic,
industrial or other waste. The waste should not be burnt and
C removed for processing/incineration.
(B) With respect to emitting Black smoke from chimneys, it be
ensured that industries are complying with the norms and
standards for PM, NOx, SOx. We direct Pollution Control
Boards of Delhi, Haryana, Rajasthan and Uttar Pradesh to
D rigorously monitor the industrial areas especially at night and
take stringent action against the industry found non-complying
with the emission norms or chimneys with visible smoke.
(C) With respect to dust from the construction site and proper
management/ disposal of demolition and construction waste,
E the Construction and Demolition Waste Management Rules,
2016 have been framed. A check-list for dust control at the
construction side be issued. The appropriate penal action has
to be taken in accordance with law against the developers
flouting the norms. The Government and various municipal
F bodies of NCT of Delhi, Rajasthan, Haryana and Uttar Pradesh
have to take action and impose penalty on the offenders
repeating the offenses and take action against the developers
and developers have to be blacklisted for flouting the
Construction and Demolition Waste Management Rules and
guidelines framed thereunder.
G
(D) With respect to road construction projects, let there be a sprinkling
of water. The Government of NCT of Delhi, Rajasthan,
Haryana and Uttar Pradesh have to ensure compliance of the
road construction norms.

H
M. C. MEHTA v. UNION OF INDIA & ORS. 545

(E) The recycling of construction and demolition waste is presently A
in operation and their existing and deficit requirement be also
met by the Government of NCT of Delhi, Haryana, Uttar
Pradesh and Rajasthan.
(F) With respect to waste burning compliance of Solid Waste
Management Rules, 2016 is necessary. The waste segregation B
and management is required, what are the existing facilities
and deficit requirements have to be met by the Government of
NCT of Delhi, Haryana, Uttar Pradesh, Rajasthan and Punjab.
(G) In the report, action taken in 2010 to 2019 to combat air pollution
has been pointed out: C
Table 1: Action taken this decde (2010-2019) to combat air pollution
in Delhi

Sector-wise Actions taken
measures D
implemented
Industry Approved fuel list notified. In Delhi this notification
bans use of all dirty fuels, including coal. In NCR
states, pet coke, furnace oil is banned.

Introduction of Nox and Sox standards in industries
so that either they install pollution equipment or E
move to cleaner fuel like natural gas.
Expansion of piped natural gas (PNG) network to the
different industrial places in Delhi – 1050 has already
converted to PNG and 350 are in process of the
conversion. Delhi government has also incentivized
move to gas in industrial areas by offering subsidy F
and removing tax on gas. Official data shows 95
percent conversion of authorized industrial units.

Power Plants Progressively shutting down coal power plants (total
generation capacity of 1,245 MW) in the city and
moving to natural gas
-- Indraprastha (405MW): September 2009 G
-- Rajghat (135MW): May 2015
-- Badarpur (705MW): October 2018

Natural gas made available for Bawana power plant

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546 SUPREME COURT REPORTS [2020] 2 S.C.R.

A Vehicular CNG programm e for public transport – autos, taxis
emissions and buses that was started a decade ago has been
further expanded to include more commercial
segments.

Bharat Stage IV em issions standards for vehicles
implemented in 2010 and Bharat Stage VI fuels with
B 10 ppm sulphur introduced in 2018.
10 year-old diesel vehicles and 15 year-old petrol
vehicles are being phased out
Favour able taxation for clean fuel introduced; also
expansion of C NG stations from original 9 to more
than 500 in Delhi and NCR
Environment Pollution Charge on big die sel cars
C (more than 2,000cc) has contribued towards
disincentivizing personal diesal cars. Diesel cars
sales have dropped.
Pilot on Hydrogen-CNG buses started so that this
impoved H-CNHG could be option for older fleet of
CNG vehicles.
Use of remote sensing technology for monitoring
D emissions from on-road vehicle s has been directed
To check pollution from in-use vehicles,
strengthening and im poveme nt in Pollution under
Control Programm e (PUC) initated across NCR.
Enforcement has improved
Installation of stage I and Stage II vapour recovery
system initated and expanded. Environmental
E compensation of Rs 1 crore imposed on oil
companies: IOCL, HPCL and BPCL fo r n on-
compliance with directions on vapour recovery
Specific action The long-waited bypass road to divert commercial
on trucks: high- traffic built: Eastern Peripheral Expressway and
polluting Western Peripheral Expressway (EPE and WPE),
segment of which were ordered in 2005 have been m ade
F vehicles functional in 2018-19, which has allowed
commercial and extremely polluting trucks to bypass
the city

To deter non-destined truck traffic, the country’s first
congestion charging introduced in 2015.
Environment C ompensation Charge (ECC) on each
G category of commerical vehicles imposed at time of
entry into city

Restriction on entry of 10-year old trucks
Introduction of RFID at 13 entry points in Delhi for
cashless ECC payment will make the congestion
charge effective.
H
M. C. MEHTA v. UNION OF INDIA & ORS. 547

Pu b lic tran sp ort Aft er s t ag nati on a nd d ecli ne in bu s num be rs and A
pas se nge rs, procur em ent of ne w bus es h as st arte d.
B us parki ng cons trai nt is bei ng a ddres se d.
NC R re cip roc al ag reem ent – autos a nd buse s all ow ed
to run a cros s borde rs in e ntire NC R d ra ft i n 200 8 and
effect ive from 201 0; Ti m e fo r it s re new al

The ridersh ip in the m etro has i n crea se d fro m
6,25 ,000 i n 20 07-08 t o 25,3 7,175 i n 2 01 8-19 . T he B
op erati onal rout e has i ncreas ed from 6 5.1 km in
20 07-0 8 t o 228 .78 km in 2 017-18
Pa rking pol ic y as a dem and m a nagem ent tool
no tifi ed . P ilot schem es on parking area m anage m ent
plans ini tia ted.
C ons tru cti on C heckl is t fo r d ust co ntrol at cons tructi on s ite s m ade
an d Dem ol ition so t h at e nforc em e nt is im p roved
w aste and road The C o ns truc tion a nd D em o li ti on Waste C
d us t M a nagem e nt R ule s, 2016 not ifie d
There are 60 m ec haniz ed road s w eepi n g m achin es in
De lh i.
Environ m ental com p e nsa tion o f R s 1 crore has been
im pos ed on M uni cipa l bod i es (Ne w Del hi, S out h,
East, N orth and C an ton m ent B oard) over open
du m ping/b urni n g of garbage a n d C & D was te vide
direct ions date d Ja nu ary 16, 20 19 un der se cti on 31A D
of t h e A ir (P revent io n and C ontrol of P ollut ion) A ct,
19 81
C it y has expande d re cycl in g capa cit y of it ’s C & D
wa st e recycl in g plan t a t B urari from 500 M T D to
2,00 0 M TD . Tw o ne w plant s are adde d t o com bin ed
capa cit y of 650 M TD .
Was te b u rn in g So l id Was te M ana gem e n t R ules and R e gul ati ons
20 16 notifi ed E
De lh i B ye-la ws a m end e d based on t hese rul es a nd
no tifi ed in J anuar y 20 17
The cit y h as over 2300 w aste dum ps – nei ghbo rhood
st ructu res t o co ll ect and s tore w aste . O ver 80 perc ent
of the w as te i s p roc es sed through in ci nerat ion.
R ecent ly, D el h i foug ht a bit ter b a ttl e to st op large-
sc ale bu rni ng o f plas ti cs in M und ka area of De lhi t hat
caus ed enorm ous poi sonou s gas es . F
12 wa rds from di ffe ren t M C D s i n De lhi ha ve been
se lect ed a s m odel w ards fo r w as te se gre gati o n and
m ana ge m ent 6,000 roads id e t wi n b in s p roc ured.
M on ito r in g and Ai r qu ali ty m onit oring s ta tions expa nded to 38 i n
G r ade d De lh i and ove r 50 in NC R
R es pon s e A ction Earl y W arning S ys tem for D elh i launch ed in O ct ober,
Pl an (G RA P) 20 18 G
Grad e d R espons e A ct io n Pl an target ing k ey s ourc es
of pollut ion ha s be en i m ple m ente d du ring t he w int ers
of 2017-18 and 2018 -19: T hes e short -t erm m e asure s
du ring sm og e pis odes incl ude shut ting dow n power
plant , indus tri al units, ban on cons tru ct ion, b an on
brick ki lns , act ion on w aste b urni ng and cons truc ti on,
m ec hanised cl eani ng of road dust , etc . T his al so
incl udes l im ited a pplic ati on o f odd a n d even s ch e m e.
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548 SUPREME COURT REPORTS [2020] 2 S.C.R.

A DIRECTIONS:
57. In view of aforesaid, we inter alia reiterate and/or issue
following directions:
(i) The decision taken by the High Level Committee constituted
by this Court be placed on record along with comprehensive action plan
B and the action taken thereon so far.
(ii) With respect to preventing stubble burning, let a comprehensive
plan be prepared and be placed before this Court including the action
taken. Let Crop Residuary Management be prepared, its use inter alia
as fertilizer, cattle food and bio fuel be also worked out. Let the final
C decision be taken with respect to incentive and disincentive of Rs.100/-
per quintal and the in-situ farming.
(iii) Let the Central Government, State Governments of Punjab,
Haryana and U.P. prepare a scheme for making available Combine
Harvesters, Happy Seeders, Hydraulically Reversible MB Plough, Paddy
D Straw Chopper, Mulcher, Rotary Slasher, Zero Till Seed Drill and
Rotavators and balers especially dedicated to small and marginal farmers
to be made available either free of charge or on nominal rental basis.
(iv) Let the Government of NCT of Delhi/NCR Region and
concerned Governments of Haryana and U.P. file reports with respect
E to various identified hotspots and steps taken for their management and
to clear the environmental hazards created by such hotspots.
(v)(a) As proposed in the reply of the Delhi Government, let the
Smog Tower at Connaught Place be completed by Delhi Government as
proposed in their reply affidavit. Let the Smog Tower be completed
F within three months.
(b) Let Smog Tower be installed at Anand Vihar as pointed out by
Central Pollution Control Board (CPCB). Let Delhi Government provide
space of 30 x 30 meters for installation of an experimental tower at
Anand Vihar within seven days. The project to be funded by the Union
G Government, however, Ministry of Environment, Forest and Climate
Change is directed to monitor the project. Let project be completed
within three months.
(vi) Let anti-smog guns be used in Delhi and NCR region for the
following :
H
M. C. MEHTA v. UNION OF INDIA & ORS. 549

(a) Large construction sites; A
(b) Road construction stretches, particularly during earthwork
and compacting;
(c) Mining activities;
(d) Large parking sites on unpaved areas and during large public B
gatherings;
(e) Demolition activities;
(f) Sprinkling on dust-prone traffic corridors.
(g) It be made compulsory to make use of anti-smog guns in
C
Delhi-NCR in the projects that require environmental
clearance from the State/Central level on site having built
up area of more than 20,000 sq.mts. including excavation,
material handling and other dust generating activities. Let
an appropriate policy decision be also taken with respect to
cost of installation, duly considering the principle “polluters D
pay” evolved by this Court.
(vii) The Governments of NCT of Delhi, U.P., Haryana and
Rajasthan, are directed to identify the dumped waste of plastic, industrial
and other wastes and to ensure that waste is not burnt and is used for
processing/incineration and piled up waste is removed on time-bound E
basis without fail and report be filed within six weeks.
(viii) We direct the Pollution Control Boards of Delhi, Haryana,
Rajasthan and U.P. to monitor the industrial areas especially at night
also and to take stringent action with respect to the industries emitting
black smoke from chimneys and it be ensured that the industries comply F
with the norms and standards for PM/NOx/Sox.
(ix) For construction and demolition, we direct the Governments
of NCT of Delhi, Rajasthan, Haryana and U.P. to file a status report
regarding compliance with the Construction and Demolition Waste
Management Rules, 2016. Let penal action be taken against the G
developers found flouting the norms.
(x) We direct the Governments of NCT of Delhi, Haryana,
Rajasthan and U.P. to file status report on the penalty imposed and the
action taken on the developers for violating the norms regarding
construction/ demolition activity and whether any developer has been H
550 SUPREME COURT REPORTS [2020] 2 S.C.R.

A blacklisted. Let various local bodies and Government of NCT of Delhi
and Governments of Haryana, Rajasthan and U.P. also file status reports
in this regard.
(xi) With respect to road construction, there has to be sprinkling
of water. Let the Government of NCT of Delhi and Governments of
B Haryana, Rajasthan and U.P. file a status report with respect to
compliance of road construction norms and details of non-compliant
portion.
(xii) Let the Government of NCT of Delhi and Governments of
Haryana, Rajasthan and U.P. point out the existing facilities of recycling
C of construction and demolition waste and the deficit of facilities in this
regard.
(xiii) With respect to waste burning, compliance of Solid Waste
Management Rules, 2016 be ensured by the Government of NCT of
Delhi and Governments of Haryana, Rajasthan and U.P. Let a
comprehensive plan for waste management be prepared and existing
D facilities and overall requirement be also worked out.
(xiv)(a) In the reports filed by the Chairman, EPCA indicating the
details of his visit to New Friends Colony- Jhilmil Industrial Area, Saboli
and Mandoli village -Mandoli Industrial Area, Bhopura Border, Subzi
Mandi Sahibabad, Hindon Vihar, Ghaziabad and Sahibabad Industrial
E Area certain problems have been pointed out and several observations
have been made. We direct the concerned authorities of the area, District
Magistrate, Ghaziabad, to ensure that all remedial measures are taken
by the concerned bodies and report be submitted as to remedial work
taken with respect to each and every observation which has been made
in the report submitted by the Chairman, EPCA within one month.
F
(b) With respect to Panipat, the Inspection Report contains (1)
Urban Extension Road, (2) Narela Industrial Area, (3) Panipat Industrial
Area. Let the Deputy Commissioner ensure that appropriate measures
are taken with respect to observations made in the aforesaid orders
within one month.
G
(c) With respect to the visit to Meerut on October 12, 2019, various
aspects have been pointed out. Let the District Magistrate, Meerut,
National Highways Authority of India (NHAI), concerned Pollution
Control Board, Municipal Commissioner, Meerut Nagar Nigam and
Meerut Development Authority to take appropriate measures within one
H month.
M. C. MEHTA v. UNION OF INDIA & ORS. 551

(d) With respect to Mundka Tikri from the visit dated October 13, A
2019, various observations have been made and problems have been
pointed out which are required to be attended by the concerned
authorities. We direct the concerned authorities of the areas, District
Magistrates, Pollution Control Boards, Deputy Commissioners of
Municipal Corporations, to take the remedial measures and report
pointwise compliance on each and every aspect of Report No.16 of B
EPCA Chairman within one month.
(e) With respect to EPCA Chairman visit at Bahadurgarh, the
Haryana State Pollution Control Board (HSPCB), City Magistrate,
Bahadurgarh, District Magistrate, Bahadurgarh and all concerned officials
are directed to take remedial measures and compliance be reported to C
this Court within one month.
(f) In respect of the field visit of EPCA Chairman to Bhiwadi and
other regions of Rajasthan, let the Government, RIICO, District
Magistrate, Bhiwadi consider the recommendations made in the report
and report the compliance to this Court within one month. D
(g) Let the extracts of the reports with respect to aforesaid areas
be forwarded to the concerned authorities by the EPCA for prompt
compliance.
(xv) With respect to oxy furnace in glass industries, let the DST
Technical Committee consider the proposal for installation of oxy furnace E
in glass industries in Delhi and NCR. Let the consideration be made
within two weeks in consultation with the sectoral expert and other
concerned stakeholders. Relating costs and modalities be worked out.
(xvi) Let the details be worked out for chemical test methods for
smoke emission control in various industrial sectors for meeting prescribed F
emission norms and entire details be furnished as to their use.
(xvii) Let proper research and development be made in wireless
sensors network technology. Let the concerned officials consider further
LiDAR (a laser based method) and Spectroscopic monitoring techniques
as considered appropriate by them. Let the use of spectroscopy to monitor G
ambient air quality be considered by various States.
(xviii) Let the Government of NCT of Delhi work out the details
with respect to 45% deficit capacity to lift the garbage and waste as
there is only 55% capacity available with respect to garbage and waste
generated in Delhi. Let it work out a comprehensive plan within three
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552 SUPREME COURT REPORTS [2020] 2 S.C.R.

A months to have full (100%) capacity to deal with garbage and wastes
and place it before this Court, including the implements, tools, manpower
and the expenditure required in that connection.
(xix) Let the action taken be reported with respect to the vehicles
found plying on kerosene, checks undertaken and action taken report be
B placed before this Court within a month by the concerned Pollution Control
Boards.
(xx) With respect to water quality supplied in Delhi, let the
concerned Pollution Control Boards as well as the Indian Bureau of
Standards, submit a report of random checking of various samples in
C Delhi and submit a report in this regard within one month.
(xxi) We direct the various State Governments through Chief
Secretaries to inform this Court about the measures taken by them with
respect to pouring of sewage and untreated industrial effluents in various
rivers and the plan prepared by them and arrangement of funds made by
them for the purpose of sewage treatment plants and existing facilities
D and requirements be pointed out within eight weeks.
(xxii) Let the Government of NCT of Delhi and Governments of
Punjab, Haryana and U.P. show cause why they should not be saddled
with the compensation for failure of their machinery and the concerned
authorities in taking appropriate steps to prevent stubble burning and
E other pollution being caused.
(xxiii) With respect to solving traffic congestion, let the Government
of NCT of Delhi and Governments of Haryana, Rajasthan and U.P.
work out a plan so as to solve the problem of traffic congestion and
compliance of the orders passed earlier by this Court with respect to
F solving the problem of traffic congestion.
(xxiv) Let the concerned Municipal Corporations of Delhi,
Government of NCT of Delhi, concerned bodies and Governments of
Haryana, Rajasthan and U.P. to take care of potholes and file reports of
action taken within three weeks and compliance report with respect to
G their previous directions be also filed and in case any work is left, let it
be completed within three weeks.
Ordered accordingly.

Kalpana K. Tripathy Directions issued.
H