SC issues contempt notices over vacancies in NCR pollution control boards

The Supreme Court on Thursday issued contempt notices to chief secretaries of Delhi and states in the National Capital Region (NCR) over large number of vacancies in pollution control boards.

Directing the Delhi chief secretary to appear in person on May 19, the court noted the “sorry state of affairs” in the Delhi pollution control committee (DPCC) that was virtually defunct with 55% vacancies.

The court order came in a public interest litigation filed by lawyer-activist MC Mehta in which a direction was issued on August 27, 2024 setting a deadline of April 30, 2025, for filling up all vacant posts in their Delhi-NCR pollution control boards in order to strengthen the statutory mechanism to fight pollution in the Capital.

The position in neighbouring states of Uttar Pradesh and Rajasthan was no better, having 45% vacancy followed by Haryana with 35% vacant posts.

“We find it’s a very sorry state of affairs... We can safely say as far as DPCC is concerned, with almost 55% posts vacant, it is non-functional,” said a bench comprising justices Abhay S Oka and Ujjal Bhuyan.

The court underlined the powers and functions entrusted to pollution boards under the Environment Protection Act, Air Act, Water Act, and other laws, which makes it necessary that these boards function at full strength to discharge their statutory obligations.

Summoning the chief secretaries for disregarding the order of the court, the bench said, “We direct notice of contempt be sent to chief secretaries of Haryana, Rajasthan, Uttar Pradesh and Delhi. The notices shall call upon the chief secretary as to why they should not be punished for contempt under the Contempt of Courts Act, 1971.”

While the chief secretaries of UP, Haryana and Rajasthan, were permitted to appear online on July 18, with regard to Delhi, the court directed chief secretary’s personal presence on May 19. Further, it added, “We make it clear that non-compliance till the returnable date will make out a case of aggravated contempt.”

While Delhi government counsel Jyoti Mendiratta requested for more time for filling up posts as May 19 was just 10 days away, the court stressed that for last several years, Delhi has been facing a huge problem of air pollution, requiring even the court to pass drastic orders such as GRAP (Graded Response Action Plan) measures, firecracker ban, ban on entry of vehicles other than those running on clean fuel, etc.

“In this backdrop, we are shocked to know that DPCC is virtually defunct with 55% posts vacant...pollution control boards and committees play a very crucial role in preventing pollution and enforcing laws related to pollution,” the court said.

The Central Pollution Control Board (CPCB) presented pan-India figures before the court revealing that states such as Bihar and Jharkhand fared much worse with 90% vacancy while many states had vacancy above 60%. The court found that even the CPCB had 21% of posts vacant. Giving time till end of September to all pollution boards to fill up vacant posts, the court asked the Centre to ensure CPCB also functions at full strength by end of August this year.

Senior advocate Aparjita Singh, assisting the court as amicus curiae told the court that the states, particularly in Delhi-NCR cannot drag their feet on filling up vacancies as this affects the lives of children and elderly who are left with no recourse when pollution scales up to hazardous levels in the Capital. She pointed out that the Commission for Air Quality Management (CAQM) for Delhi and adjoining areas, tasked with the important function of curbing pollution, is also understaffed with 30% vacancy. The court directed Centre to ensure vacancies in CAQM are filled up by August-end.

The Haryana government informed the court that they are unable to find candidates under the promotion and deputation cadre while UP and Rajasthan suggested that efforts are on to fill the vacant posts. The bench advised the states to consider recruiting persons from other states if persons within the state are not available.

At the same time, the court raised a concern over equipping pollution boards and committees with modern technology and instruments for mapping and collating pollution data. “It is necessary to look into the functioning of the DPCC and other pollution boards. Perhaps, they may be using age-old technology and equipment. Unless they are equipped with modern equipment and techniques, they will not be able to discharge their statutory duties,” said the court. It directed the CAQM to submit a report on this aspect by end of July and forward it to CPCB and pollution boards of NCR states and DPCC.

Based on CAQM’s recommendations, the court directed the concerned states to acquire the requisite equipment.