The Central government has constituted a 5-member Enforcement Task Force and a Flying Squad followed by the significant observations made by the Apex Court. The Central government has also provided this Task Force with legislative powers in order to punish and work for the prevention of pollution effectively.

The bench led by Chief Justice of India Justice N.V. Ramana, heard the matter regarding Delhi NCR pollution today in Apex Court while allowing the construction of hospitals in Delhi for Covid in order to prepare for the third surge of the Covid-19 cases.

The enforcement task force will be headed by Commission for Air Quality Management (CAQM) chairperson M.M. Kutty. While CPCB chairman Tanmay Kumar, Vibha Dhawan DG TERI (The Energy and Resources Institute), NK Shukla former chairman of Madhya Pradesh Pollution Control Board, Ashish Dhawan, CAQM NGO member, will be a member of the Enforcement Task Force.

Apart from this, the Center has also formed 17 Flying Squads. Also, the number of flying squads will be increased to 40 in the next 24 hours. Who will report directly to the Enforcement Task Force. These flying squads will report directly to the Enforcement Task Force.

The Central Government has given detailed information in its affidavit filed in the Supreme Court.

The Delhi government submitted that it had reopened the schools on the instructions of the Commission CAQM by the Centre. Apart from this, the Delhi government has sought permission for the construction of more than 20 hospitals to deal with the third wave of Corona. Delhi government has filed their affidavit on Delhi NCR pollution case.

Solicitor General, Tushar Mehta submitted, “We have formed a task force, we want the task force to work under the supervision of the court.”

“Task force members will meet every day at 6 pm.” SG said further.

Justice Chandrachud asked whether this task force has been formed for Delhi or NCR.?

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SG told the court that it is for both Delhi and NCR.

Abhishek Manu Singhvi appearing on behalf of Delhi government told the court,  “We have filed an affidavit. We had opened schools on the behest of the Central Commission. Schools have now been closed again. In November, schools were opened for only 15-16 days.”

The Chief Justice India Justice N.V. Ramana expressed displeasure over the media reporting  one more time and said that, “We are being made villains that we are closing the schools of the children.”

CJI Ramana also said that some people have started saying that we are not in support of students.

“When did we say that we want to take over the government?” CJI added further while showing his disappointment.

CJI Ramana further said, “Look at today’s paper, this is what has been said. Media writes whatever it is. Political parties can express their views by holding press conferences, but we cannot do this either.”

Singhvi said, “Court reporting is different from political reporting. Who is covering the hearing of Virtual Court and who is not, is not known.”

Delhi government submitted,

“We are building 27 hospitals out of which 7 new ones are being made, and the rest are Covid wards. There was a demand for permission to build hospitals.”

SG also supported the demand of the Delhi government.

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CJI Ramana said that it will be considered.

Senior Advocate Vikas Singh, appearing for the same petitioner, submitted that last year when Justice Lokur was appointed they brought the ordinance and now the government has brought the flying squads.

In this case, on behalf of the Uttar Pradesh government, Ranjit Kumar submitted, “This is the season is for sugarcane, if the sugarcane mill is closed, then in the coming time. This will have an impact farmers and the sugar production. The mills are allowed to run only for eight hours.’

To which CJI Ramana suggested that he should put his point before the commission.

The matter is now listed on December 10 for further hearing.

The Delhi Government has filed an affidavit in the Supreme Court on a plea that sought measures to control the worsening air quality situation in Delhi. The affidavit filed by K. S. Jayachandran, Special Secretary (Environment), Government of the National Capital Territory of Delhi, lists steps takes to curb air pollution in Delhi in strict implementation and compliance of the directions dated 18.10.2021 , 28.10.2021 , 08.11.2021 and 13.11.2021 issued by the Commission for Air Quality Management (CAQM) in the National Capital Region and Adjoining Areas  .

It is further submitted in the affidavit that  in pursuance of the directions of the Supreme Court in the present case on November 15, 2021, the CAQM convened an emergency meeting on November 16, 2021 and in furtherance of the same , issued directions on November 16, 2021 under section 12 of the Commission For Air Quality in National Capital Region and Adjoining Areas Act, 2021 regarding steps for effective control of air pollution in wake of the prevailing poor air quality in Delhi – NCR, including encouraging work from home to further ease vehicular pollution as  under :

1. Stop entry of trucks in Delhi except the trucks carrying essential commodities, till 21 November , 2021 subject to further review for extension of this date .  

2. To stop construction and demolition activities in NCR till 21st November , 2021 except for the following categories of projects 
(a) Railway services / Railway stations.  
(b) Metro Rail corporation services , including stations
(c) Airports and Inter State Bus Terminals (ISBTs)
(d) National security / defense related activities projects of National importance subject to strict compliance of the C & D Waste Management Rules  and dust control norms including compliance with the directions of the Commission .  

3. NCR State Governments shall allow Work from Home (WFH) for at least 50% of their staff in offices in NCR, till November 21, 2021, subject to further review.  

4. NCR State Governments shall encourage at least 50% of staff working in private establishments in NCR are also allowed to work from home till 21 November, 2021 subject to further review.  

5. All public and private Schools, Colleges and Education Institutions in NCR shall remain closed until further orders allowing only online mode of education .

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The affidavit states that stoppage of trucks’ entry in Delhi , and stoppage of construction and demolition activities is in force till November 21,2021 .  The Government of National Capital Territory of Delhi (GNCTD) directed all stakeholder departments on November 17,2021 for taking intensive actions and steps for effective control of air pollution in wake of prevailing air quality scenario in Delhi regarding industrial pollution , vehicular pollution , dust control measures , DG Sets. Further ,all public and private schools, Colleges and Education Institutions in NCR have also been closed until further orders allowing only online mode of education.

The Government of Delhi had already implemented the policy of work from home for GNCTD employees and had advised the private sector on the same to allow their employees to work from home till November 17,2021 vide its earlier order dated November 13,2021. In view of the above directions dated 16-11-2021 of CAQM  the  Government  of Delhi issued further directions on November 17,2021 to close offices of GNCT of Delhi / Autonomous Bodies / Corporations till November 21, 2021 except those involved in essential and emergency services , while requiring all the officers /  officials to work from home . The private offices / establishments were also again advised to allow their staff to work from home till November 21,2021, the affidavit states.

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It is pertinent to note that on November 13, a special bench led by the Chief Justice of India had expressed deep concerns at the situation, and had called for emergency steps. The Court had also suggested that lockdown could be imposed to prevent the situation from going out of control.

“As per the latest Order dated November 21,2021 issued by the Government of NCT of Delhi , the above directions regarding closing all offices of GNCT of Delhi Autonomous Bodies Corporations except those involved in essential and emergency services were extended and are now to remain  in force till November 26,2021 for further curbs on vehicular pollution. Further, the ban on entry of trucks in Delhi except the trucks carrying essential commodities has also been extended till November 26, 2021,”

-the affidavit reads.