Case Note & Summary
The Supreme Court was hearing interlocutory applications in the ongoing M.C. Mehta v. Union of India writ petition concerning environmental pollution, specifically air pollution in Delhi and the National Capital Region (NCR). The Court noted that despite previous orders, stubble burning in Punjab, Haryana, and Uttar Pradesh, along with construction activities, garbage burning, and vehicular emissions, were causing severe air pollution, violating the right to life under Article 21 of the Constitution. The Court observed that satellite images showed widespread stubble burning in Punjab and some areas of Haryana and Western Uttar Pradesh. The Court expressed shock that state governments and local bodies had failed to perform their duties, making a mockery of statutory provisions and court directions. The Court directed the Chief Secretaries of Punjab, Haryana, Uttar Pradesh, and Delhi to appear before it. It ordered that no stubble burning should occur henceforth, and that the entire administrative machinery from Chief Secretary to Gram Pradhan would be held liable for any violation, including contempt of court and tortious liability for compensation. The Court also directed an immediate halt to construction and demolition activities in Delhi-NCR, with personal responsibility on local officials. It directed the Environment Pollution (Prevention and Control) Authority (EPCA) to consider banning diesel vehicles from entering Delhi, and the Delhi government to provide data on the odd-even vehicle scheme's effectiveness. The Court noted that the Ministry of Environment and Forest's affidavit identified major pollution sources including construction and demolition, open dumping of waste, unpaved roads, road dust, garbage burning, and traffic congestion in various hotspots. The Court ordered that construction, demolition, and garbage burning be stopped forthwith.
Headnote
A) Constitutional Law - Right to Life - Article 21 of the Constitution of India - Air Pollution - The Court held that severe air pollution caused by stubble burning and other activities violates the right to life of the population, reducing life expectancy and causing health hazards. The State Governments and civic bodies have failed to discharge their duties under the Directive Principles and statutory provisions, making them liable for tortious acts and contempt of court. (Paras 1-4) B) Environmental Law - Public Trust Doctrine - Tortious Liability - The Court held that stubble burning and other pollution-causing activities are tortious acts, and the State Governments, officials, and local bodies may be held liable to pay compensation for their failure to prevent such activities, in violation of the Public Trust Doctrine. (Para 3) C) Environmental Law - Stubble Burning - Statutory Prohibition - The Court directed the Chief Secretaries of Punjab, Haryana, and Uttar Pradesh to ensure no further stubble burning occurs, and that all officials from Chief Secretary to Gram Pradhan are responsible for compliance. Violators will be punished for contempt of court. (Paras 2-3) D) Environmental Law - Construction and Demolition Activities - The Court directed that no construction or demolition activities take place in Delhi and NCR region, and local administration and municipal authorities will be personally held responsible for any violations. (Para 4) E) Environmental Law - Diesel Vehicles - The Court directed the EPCA to consider restricting diesel vehicles from entering Delhi, and the Government of NCT of Delhi to provide data on the effectiveness of the odd-even scheme. (Para 4)
Issue of Consideration
Whether the failure of state governments and local authorities to prevent stubble burning and other pollution-causing activities violates the right to life under Article 21 of the Constitution, and what measures should be taken to curb air pollution in Delhi-NCR.
Final Decision
The Court directed the Chief Secretaries of Punjab, Haryana, Uttar Pradesh, and Delhi to appear on 06.11.2019. It ordered an immediate halt to stubble burning, with accountability from Chief Secretary to Gram Pradhan. It directed that no construction or demolition activities take place in Delhi-NCR, and that garbage burning be stopped. It directed EPCA to consider banning diesel vehicles from entering Delhi, and the Delhi government to provide data on the odd-even scheme. It also directed the state governments to take immediate steps to address the air pollution emergency.
Law Points
- Right to life under Article 21 includes right to clean environment
- Public Trust Doctrine
- tortious liability for environmental harm
- statutory prohibition on stubble burning
- accountability of state machinery for pollution control
