NGT restructures air pollution cases, separates Delhi-NCR matters

A Principal Bench of the NGT, headed by Chairperson Justice Prakash Shrivastava and Expert Member Dr Afroz Ahmad, passed the order on August 24, while hearing a batch of matters concerning air pollution in Delhi-NCR and other parts of the country.

The National Green Tribunal (NGT) has reorganised its proceedings on air pollution to ensure that different issues are examined separately and overlapping matters do not create confusion or delay. A Principal Bench of the NGT, headed by Chairperson Justice Prakash Shrivastava and Expert Member Dr Afroz Ahmad, passed the order on August 24, while hearing a batch of matters concerning air pollution in Delhi-NCR and other parts of the country.

The Tribunal took note of the Supreme Court's March 12 order in the long-running MC Mehta vs Union of India air pollution case. The Supreme Court had formally closed the 1985 proceedings and directed that five fresh suo motu cases be registered to deal with different aspects of air pollution in a more organised manner. The five new proceedings before the Supreme Court are intended to separately examine the regulatory and policy framework for air pollution, vehicular emissions, conservation and expansion of green cover, pollution from construction activities, power plants and industries; and solid waste management, crop-residue burning and firecrackers.

The Supreme Court had observed that the scope of the original case had expanded substantially over the years, with a large number of applications being filed on different issues. According to the order, dealing with all these matters within one historic case had created administrative difficulties and could affect judicial efficiency. The Supreme Court therefore decided that the surviving issues should be taken up through fresh suo motu proceedings. At the same time, it made clear that its earlier directions on air pollution would continue to remain in force, subject to any future orders, modifications or clarifications.

Following this, the NGT considered the different air pollution matters pending before it and identified the areas in which their issues overlap. The Tribunal noted that matters concerning air quality in non-attainment cities and major cities outside the National Capital Region can continue to be examined separately from issues relating specifically to Delhi-NCR. Similarly, the wider issue of persistent air pollution across the country can be considered outside the NCR, while the Delhi-specific proceedings will take their course in accordance with the Supreme Court's directions in the M.C. Mehta matter.

The NGT consequently directed that the proceedings concerning Delhi-NCR and Delhi air quality be separated from the present batch and listed separately on November 17. The other air pollution matters will be taken up on November 3. The Supreme Court's order, as reproduced in the NGT proceedings, also traces the evolution of the MC Mehta case. The case was originally filed in 1985 and initially focused on polluting industries operating in and around the NCR. Over the years, its scope expanded to cover several aspects of air pollution, including vehicular pollution.

The Supreme Court noted that its proceedings contributed to several measures aimed at improving air quality, including Bharat Stage emission standards, expansion of public transport and cleaner fuels, restrictions relating to vehicle age, measures concerning polluting power plants and steps to reduce stubble burning in neighbouring States. The court also highlighted the establishment of the Commission for Air Quality Management in the National Capital Region and Adjoining Areas (CAQM) and the implementation of the Graded Action Response Plan (GRAP) as part of efforts to tackle different levels of air pollution through coordinated measures. (ANI)