NGT | Air pollution is source of diseases and threat to life; Severe air quality in Delhi is not creation of one day

National Green Tribunal (NGT): The Bench comprising of Justice Adarsh Kumar Goel (Chairperson) and Justice Raghuvendra S. Rathore, Justice S.P. Wangdi, Justice K. Ramakrishnan (Judicial Members); Dr Satyawan Sigh Garbyal, Dr Nagin Nanda and Saibal Dasgupta (Expert Members), took cognizance of air quality in Delhi.

Tribunal noted the report in some of the newspaper’s:

‘The Hindu’, the matter is reported under the heading ‘Delhi Chokes as air pollution levels hit a three-year high’.

‘Indian Express’, It is reported under the heading ‘Capital air crosses severe level, PMO steps in, Centre to monitor.

‘Times of India’, It is reported under the heading ‘Atmosfear: Delhi Victim of Sick Choke, Capital a Gas Chamber After Light Drizzle.

In the Hindustan Times, the heading is ‘Capital Punishment- Bhopal Gas tragedy occurred once and it has been dealt with, but this gas tragedy is occurringevery year and is not properly dealt with.

Further, Tribunal stated that, to provide efefctive access to judicial remedies for enforcement of right to healthy environment which is part of Right to Life under Article 21.

Supreme Court has issued directions in various matters. This Tribunal has also dealt with the issue in several cases including the matter dealing with 122 ‘non-attainment cities’ in the Country where the air quality is beyond prescribed norms and on the subject preventing ‘crop residue burning.

“Air pollution is source of diseases and threat to life.”

Tribunal adding to the above, stated that the present situation of severe air pollution “is not creation of one day. It is continuous negligence and apathy of statutory authorities in enforcing the law. While remedial action may continue to be taken in the best possible manner, there is urgent need to have proper planning to address the gaps in existing enforcement strategies and existing undesirable situation.”

The Bench further held that after interaction with the Chairman and Member Secretary of CPCB who have presented detailed analysis of the situation, tribunal found it necessary to further examine the matter after looking into the status of implementation of GRAP and other measures including preventive strategies currently adopted. [Air Quality Deterioration In And Around Delhi as reported in Print and Electronic Media, In Re, O.A No. 1008 of 2019, decided on 04-11-2019]

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