NEW DELHI: The Supreme Court on Monday will hear a plea regarding the deteriorating level of AQI in Delhi-NCR on December 17 and pass 'appropriate orders', which would be "realistic, enforceable, and capable of actual compliance."
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pamcholi took note of the submissions of senior advocate Aprajita Singh, the as an amicus curiae, that though the preventive measures are there in place but the key issue was of their poor implementation by the authorities.
"In spite of this Court's earlier direction, during this severe pollution, certain schools have found ways and means to have these sporting activities. So now children are also not being spared. What has been prohibited by your lordships, those very activities are taking place," Singh informed the Bench and sought immediate hearing into the burning issue.
Singh further opined out that the Commission for Air Quality Management (CAQM) has also issued a notification barring sporting activities during this period.
Hearing these submissions from Singh, the CJI-led bench said, the court would hear the matter on Wednesday.
"The judicial directions in the Delhi air pollution matter must be realistic, enforceable, and capable of actual compliance," the apex court clarified and added that courts would refrain from issuing orders that cannot be effectively implemented on the ground.
The court also pointed out that lifestyle-related directions are often difficult to enforce. It said, the burden of pollution disproportionately affects the poor, while the problem largely arises from the practices of the affluent class.
The court also added that while passing any order, the impact on poor people will have to be seen, when it was informed by the amicus that with the enforcement of GRAP-IV measures, construction workers are now left without work.
The CJI also told the other lawyers, who have filed applications in the MC Mehta case, to point out their issues, suggestions and inputs to the amicus to save Court's time.
He also cautioned the counsel and other stakeholders in the matter that they should not go to the press and try to solve these through media.
"Don't try to file applications only for media purposes. Court time is limited. So we will hear the issue on specific points," the court clarified.
Earlier, the bench had said the plea against air pollution cannot be treated as a "customary" case to be listed only during the winter months only.
The CJI also further added that the matter is slated to come up for hearing before a three-judge Bench on Wednesday.