NGT Judicial Member: Punjab Paddy Stubble Burning Unlikely to Cause Delhi Pollution

Meteorological factors, including wind velocity and direction, the oily content of Delhi's smog, do not point towards Punjab paddy burning as a source of Delhi's pollution, says Justice Sudhir Agarwal

Justice Agarwal's Remarks on Paddy Stubble Burning and Delhi Pollution

In recent remarks, Justice Sudhir Agarwal, the Judicial Member of the National Green Tribunal (NGT) since the past three years, expressed skepticism about blaming Punjab farmers for Delhi's air pollution without scientific evidence. He questioned whether any scientific study had been conducted before alleging that farm fires in Punjab were responsible for Delhi's poor air quality. Justice Agarwal pointed out that Delhi's air contains oily content, which is not caused by stubble burning. He argued that it is unfair to blame Punjab's farmers without proper scientific data, especially considering the wind direction and distance involved (8-minute video in Hindi).

No Metrological Factors Point Towards Pollution from Punjab

During the winter season, the wind direction, sufficient wind velocity, and the significant distance between Punjab and Delhi should allow the smog to settle in areas like Chandigarh and Haryana, which surrounds Delhi on three sides, and Uttar Pradesh on the fourth. He questioned why these areas do not experience the same pollution levels if Punjab’s farm fires were the primary cause. He also highlighted that the smog is heavy and should settle on the way to Delhi. Additionally, he pointed out the inconsistency in the argument by asking how the wind velocity could suddenly drop to zero over Delhi. Justice Agarwal emphasised that Delhi’s polluting industries, construction activities, and vehicular pollution are more likely to be the primary culprits.

NGT's Involvement and Actions

The NGT, with Justice Agarwal on the bench, has been hearing cases related to stubble burning in Punjab. In January 2024, the NGT provided suggestions to the Punjab Government for a revised action plan to address the stubble burning issue. By April 2024, the NGT requested details from the Punjab Government on how it plans to manage an estimated 19.52 million tonnes of paddy stubble during the year to prevent burning incidents. Justice Agarwal clarified that he was not condoning stubble burning, but prosecuting Punjab farmers indiscriminately was not the solution. He stated that the issue required a multi-pronged approach spearheaded by the State Government, with Farmers' organisations involved as key stakeholders. He also noted that local pollution had implications for breathing-related diseases in both rural and urban areas of Punjab.

Directives to the Punjab Government

The NGT bench, including Justice Agarwal, has directed Punjab to implement a comprehensive, time-bound plan to reduce farm fires and stubble burning, which exacerbate air pollution in the the local hinterland, if not in the Delhi-NCR region during winter months.

July 2023, photo: The Chairperson has since retired.

Bio-data of Justice Sudhir Agarwal

Justice Sudhir Agarwal graduated with a B.Sc. degree from Agra University in 1977 and completed his law degree from Meerut University in 1980. He was appointed as an Additional Judge of the Allahabad High Court on October 5, 2005, and served there until his retirement on April 23, 2020. Following his retirement, he was appointed as a Judicial Member of the NGT in April 2021.

Summary

Justice Sudhir Agarwal has had a distinguished career as a judge of the Allahabad High Court and is now serving as a Judicial Member of the NGT. In this role, he has been involved in addressing matters related to stubble burning in Punjab and its impact on Delhi's air pollution. While the NGT is working with Punjab to control farm fires, Justice Agarwal has questioned the fairness of blaming Punjab's farmers for Delhi's pollution in the absence of conclusive scientific evidence.

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