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The Supreme Court of India on July 26, 2024 stated that a beginning must be made by implementing remote sensing technology to control vehicular pollution.
To start, it would be appropriate to introduce this technology in the National Capital Region (NCR) states, the court said. The Union Ministry of Road Transport and Highways (MoRTH) should seek the cooperation of the concerned authorities in these states.
“If MoRTH finds that the authorities concerned of the NCR states are not cooperating, we permit MoRTH to move this court so that a notice can be issued to them,” the SC said.
The court directed MoRTH to convene an immediate meeting of the NCR states’ departments concerned. MoRTH shall forward copies of this order to the relevant departments of the NCR States to ensure their full cooperation, the SC said.
The Environment Pollution (Prevention & Control) Authority’s (EPCA) report number 99 acknowledged the limitations of pollution under control (PUC) tests and proposed the use of remote sensing technology in addition to PUC tests to control vehicular pollution.
On August 19, 2019, the SC issued a direction to MoRTH as well as Union ministry of law to take a final decision in the matter and to file a status report. Aparajita Singh, senior advocate appointed as Amicus Curiae, stated that a report has been filed, which she finds disappointing because the technology that can be effectively used to control pollution caused by vehicles has not been appealed to MoRTH.
“When a body like EPCA had recommended the use of remote sensing technology in addition to PUC tests, MoRTH ought to have taken the suggestion seriously,” the SC said. The Solicitor General assured the Court that MoRTH will reconsider the issue.
The Supreme Court directed the secretary of the Union ministry of environment, forest and climate Change (MoEF&CC) to submit a report to the court outlining the immediate steps that must be taken to ensure that noncompliance with the Solid Waste Management Rules, 2016 does not result in a serious health emergency in Delhi.
On July 26, 2024, the SC ordered the MoEF&CC to convene an emergency meeting of all relevant state government officials, the commissioner of the Municipal Corporation of Delhi and its officials to work out an immediate solution to the problem.
The apex court agreed with the submission made by Singh “that in Delhi, the prevailing situation may lead to a health emergency as the generation of solid waste per day in the capital city is above 11,000 tonnes and the capacity of the processing plants made available by the MCD is only 8,073 tonnes per day.”
Therefore, about 3,000 tonnes of untreated solid waste is accumulating daily in the capital city. “We are sure this figure will gradually increase with every passing day,” the court added.
The court’s attention was drawn to an affidavit filed on behalf of the Swachh Bharat Mission (SBM), under Union ministry of housing and urban affairs (MoHUA). It was stated that on July 10, 2024, the MCD petitioned Delhi government to delegate financial power to the MCD under Section 202 of the Delhi Municipal Corporation Act, 1957, to approve rates and agency contracts exceeding Rs 5 crore for solid waste management projects.
The SC directed Delhi governent to immediately consider the said proposal dated July 10, 2024 and take an appropriate decision within three weeks.
The SC observed that the situation within the limits of Gurugram, Faridabad and Greater Noida is equally bad. For example, the total generation of solid waste in Gurugram is 1,200 tonnes per day, but the processing capacity of the plants is only 254 tonnes per day. Regarding Faridabad, the total generation of solid waste is 1,000 tonnes per day and the processing capacity of plants is approximately 410 metric tonnes per day. The situation in Greater Noida is slightly better.
The SC directed MoEF&CC to immediately convene a meeting with MoHUA, the commissioners of the Municipal Corporations of Gurugram and Faridabad, officials of Greater Noida and the secretaries of the Department of Environment in Haryana and Uttar Pradesh to devise immediate solutions to the crisis that will result in a public health emergency.
MoEFCC should submit the report on Delhi and the three areas of Gurugram, Faridabad and Greater Noida within one month, according to the order.
The SC directed the central government on July 26, 2024, to respond to the allegation that the National Board for Wildlife, established under the Wildlife Protection Act of 1972, did not meet at least once a year as required by Rule 4(1) of the National Board for Wildlife Rules of 2003.
Aishwarya Bhati, additional solicitor general, requested time to obtain instructions and the Court ordered that the instructions be obtained within four weeks.
According to the counsel of the applicant Chandrabhal Singh, the objective of the Act was not being given the due degree of earnestness it deserved.
In response to the allegations, Bhati stated that under Section 5B of the Wildlife Protection Act of 1972, the National Board for Wildlife may form a Standing Committee to exercise such powers and perform such duties as the Board may delegate to it.
A committee has been formed, chaired by the minister of environment and forestry. The Standing Committee meets every three months and it has held approximately 72 meetings since its inception. It was therefore argued that the central government is paying the necessary attention to discharge their responsibilities under the Wildlife Act of 1972.