Legally Speaking

Supreme Court Lists Plea Against Stubble Burning In Punjab On Nov 10: Delhi Air Pollution

The Supreme Court listed a petition seeking to curb stubble burning in Punjab to reduce air pollution in Delhi on November 10, 2022. The present matter was mentioned before a bench comprising CJI UU Lalit and Justice Bela M Trivedi.
Before the Court, the counsel, Advocate Shashank Shekhar Jha appearing for the petitioner submitted that the present matter required an urgent listing as air pollution in Delhi had increased so much that it was difficult to even walk. He further submitted that the reason behind heightened AQI Levels was stubble burning in Punjab.
Adding to it, he stated that 500 AQI has never been in Delhi and we can’t walk freely in this. As the Parali (Stubble) burning has increased in Punjab and the Secretary must be called.
However, it was agreed by the CJI that the present situation required an action to be taken, he expressed his doubt about whether appropriate action could be taken under a petition filed under Article 32 of the Constitution. Therefore, the petitioner in the plea insisted that the matter pertained to Right to Life under Article 21.
Accordingly, the bench agreed to hear the petition and listed it on 10th November 2022.
The plea prays of for the following reliefs:

  1. Fresh guidelines to states the of Delhi, UP, Punjab and Haryana are to be issued with respect to stubble burning;
  2. A panel should be formed under a retired Supreme Court judge to tackle pollution, chiefly to deal with stubble burning;
  3. A direction should be given to the State for installing smog-towers, plantation drive, affordable public transport and discourage the use of private vehicles;
  4. Chief Secretaries of the Stats should be summoned and should be directed to personally take responsibility of no case of stubble-burning anywhere and;
  5. The schools, colleges, government, and private offices, etc should be directed to go virtual/online in order for protecting the life of people at large.
TDG Network

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