(Arun Mishra and Deepak Gupta, JJ.)
M.C. Mehta ____________________________________ Petitioner;
v.
Union of India and Others _______________________ Respondent(s).
Writ Petition(s) (Civil) No(s). 13029/1985, decided on December 9, 2019
((1) Report No. 106 Submitted by EPCA (Special Report on Pollution Hot Spots in NCR With Request For Urgent Directions to Improve Enforcement and Pollution Control) In Re: Stubble Burning and Smog in Delhi (2) IA No. 127792/2017 (Disposed of) (Appln. For Directions Filed by A.C.) (3) IA Nos. 158128 and 158129/2019 (Applns. For Intervention and Directions on Behalf of Dr. Kaushal Kant Mishra) (4) IA Nos. 177602 and 177610/2019 (Applns. For Intervention and Directions on Behalf of India Trade Promotion Organisation) (5) IA Nos. 179126 and 179130/2019 (Applns. For Intervention and Directions on Behalf of Dr. Arvind Kumar) In Re: Parking Policy (1) Report No. 104 Submitted by EPCA (Regarding Parking Plans for Krishna Nagar, Kamla Nagar, Technology For Parking Management and Plans For Last Mile Connectivity) In Re: Three Wheelers (2) IA No. 176097/2018 (Appln. For Clarification on B/o Bajaj Auto Ltd. Alongwith Report Nos. 95 and 105 Submitted by EPCA) (3) IA No. 39622/2019 (Appln. For Intervention in IA No. 176097/2018 on B/o Piaggio Vehicles Pvt. Ltd.) (4) IA Nos. 72210 and 72236/2018 (Applns. For Intervention and Directions on B/o Nyay Bhoomi) (5) IA Nos. 119813 and 119815/2019 (Applns. For Intervention and Directions on B/o Bhartiya Tipahiya Chalak Sangh) (6) IA No. 110238/2019 (Appln. For Directions on Behalf of Delhi Metro Rail Corporation Ltd.)
The Order of the court was delivered by
Order
REPORT NO. 106 SUBMITTED BY EPCA
(Special Report On Pollution Hot Spots In NCR With Request For Urgent Directions To Improve Enforcement And Pollution Control)
IN RE: STUBBLE BURNING AND SMOG IN DELHI
IA NO. 127792/2017 (DISPOSED OF)
(APPLN. FOR DIRECTIONS FILED BY A.C.)
IA NOS. 158128 AND 158129/2019
(Applns. for intervention and directions on behalf of Dr. Kaushal Kant Mishra)
1. It is submitted by Mr. A.N.S. Nadkarni, learned ASG, that the Central Government has 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 25-11-20191.
2. 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.
3. Let the report of the Committee be filed with respect to the aspects mentioned in Paragraphs 6, 7 & 8 of order dated 25-11-20191, by 11.12.2019.
4. Let the States of Punjab, Haryana and Uttar Pradesh also respond about the stubble burning matter on or before 11.12.2019.
5. List the matter for consideration on 16.12.2019.
6. 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
7. 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 fact, last year (2018) 8 days in the month of December were 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 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+/emergency category for 48 hours or more.”
8. 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.
9. The applications are disposed of.
I.A. Nos. 186502, 186509 and 186511 of 2019
10. Issue notice in the applications.
11. Let response to the applications be filed by the Delhi Pollution Control Board within 15 days.
12. List in the second week of January, 2020.
REPORT NO. 104 SUBMITTED BY EPCA
(Regarding Parking Plans For Krishna Nagar, Kamla Nagar, Technology For Parking Management And Plans For Last Mile Connectivity)
13. Let compliance report be furnished by the DMRC which they have prepared to remove the congestion, within two weeks from today.
14. List in the third week of January, 2020.
IA NO. 176097/2018, IA NO. 39622/2019, 72210/18 & 72236/18 and 119813 & 119815/2019 and 110238/2019
15. List in the second week of January, 2020.
I.A. No. 181745 of 2019
(Application for intervention)
16. Mr. V.N. Shukla, learned senior counsel, has mentioned and prayed for listing of this application.
17. List on 15.01.2020.
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1 M.C. Mehta v. Union of India, WP (C) No. 13029 of 1985, order dated 25-11-2019 (SC)
