While considering a plan prepared by the Commission for Air Quality Management (CAQM) to deal with air pollution in Delhi-NCR, the National Green Tribunal (NGT) has noted that the CAQM has “shifted the responsibility on different agencies without having due regard to the powers which have been conferred” upon it.
The CAQM “has very wide powers and it is not solely dependent upon different agencies for taking action to achieve the object” of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021, the NGT has observed in a recent order.
The Tribunal’s Principal Bench, headed by Chairperson Prakash Shrivastava, was hearing a matter on air pollution in Delhi-NCR after having taken cognizance earlier of a report in The Indian Express on the measures under the Graded Response Action Plan (GRAP) kicking in last October.
Last month, the Tribunal had asked the CAQM for a detailed action plan to deal with air pollution. Earlier this week, the CAQM submitted a plan including measures like strengthening the air quality monitoring network, augmenting bus services in Delhi-NCR, and phasing out diesel auto-rickshaws.
The counsel for the CAQM has told the court that “responsibility lies with the different implementing agencies to implement the plan,” going by the order.
In response to this plan, the Tribunal has pointed out that it had earlier directed that an action plan “in quantifiable terms should be prepared for all districts in the NCR”. The action plan should cover each district of the National Capital Territory and the NCR “with the existing situation in an absolute sense so as to take actions for mitigation,” the Tribunal’s recent order stated.
The Tribunal has also pointed to the powers that have been conferred upon the Commission by the Act that constituted it.
“In terms of Sub-Section 6 of Section 3, exclusive powers have been conferred upon the Commission… almost all the agencies responsible for controlling air quality in Delhi and NCR have their representation in the Commission… the Commission has been conferred with very wide powers…,” the order noted, specifying powers like that to levy penalty and “make a complaint for prosecution”.
The Tribunal has now directed that the Commission submit a report disclosing the powers exercised by it till now, along with a comprehensive report keeping in view the observations made by the bench, in four weeks.
Delhi has seen a severely polluted November and December this winter, with the average AQI for November being the worst in six years.