Supreme Court pulls up Centre: Every citizen has right to environment free of pollution

The bench pointed out that while the unamended Section 15 made the violation of the Act a penal offence, the amended section which came into force on April 1, substituted it with provision for recovery of penalty for contravention of provisions of the Act.

However, “the provision has been rendered completely ineffective due to inaction on the part of the government of India” it said, adding, “neither rules are framed for supporting the said provisions nor appointment of adjudicating officers has been made though period of more than 6 months has elapsed. As adjudicating officers are not appointed under section 15(c), Obviously, the law enforcing machineries cannot impose penalty under Section 15.”

The court said that “in absence of machinery created by the government of India, Section 15 as amended has become toothless. And there is nothing in the hands of law enforcing authorities to strictly enforce the provisions of Environment Protection Act. Therefore, those who violate the laws related to environment are now scot free as no action can be taken against them”.

The SC recorded the statement of the Centre’s counsel that “within 2 weeks, entire machinery will be in existence”.

Pulling up Punjab and Haryana over their “inaction” to implement the directions of the Committee for Air Quality Management and failure to prosecute those who continued to indulge in stubble burning which was contributing to air pollution in Delhi and National Capital Region areas, the court had on October 16 asked their Chief Secretaries to appear before it.

Wednesday, the court said that the Haryana Chief Secretary had claimed that the instances of stubble burning have been reduced considerably. “However, in case of both the governments, we find that selective action is being taken,” the bench said. The court will hear it next on November 4.