Centre’s new anti-pollution panel seeks more teeth

New Delhi: Days before the Parliament meets to approve a new law to back the anti-pollution panel –– the Commission for Air Quality Management (CAQM) in NCR and Adjoining Areas –– the latter has red flagged its lack of ‘teeth’ and punitive powers to the Centre.
ET gathers that the CAQM has pointed out to the Centre that it is short of powers necessary to check the violation of pollution norms and has written to the Union Ministry of Environment & Forests seeking that the new law allow it more powers to impose fines as ‘environmental compensation’.

Amid hearings in the Supreme Court over the air pollution problems plaguing the national capital and its vicinity, the Centre hurriedly brought in an ordinance on October 29, 2020, to set up the CAQM in NCR and adjoining areas.

A full-fledged Bill will be taken to Parliament for approval in the Budget session to back the CAQM by law. As per the ordinance, the Commission is empowered to take sou moto cognizance of violations as well as those based on complaints.

The CAQM has red-flagged its concerns on the same, ahead of the Parliament session that begins month-end.

As per the ordinance, the Commission is empowered to take sou moto cognizance of violations as well as based on complaints.

It can inspect any premises for pollution if necessary, issue directions for closure and stoppage of electricity in case of violations and impose a fine of up to a crore and a five-year jail term-- but only after following due legal process of filing a case.

This, the CAQM has argued, is a rather long-drawn process and may not effectively prevent environmental damage. It also does not fully address the immediacy of air pollution which affects Delhi-NCR in the October to March season.

Accordingly, the CAQM has sought that the new law make place for the Commission under Section 12 of the proposed Bill- on Powers and Functions of the Commission- to impose environmental costs/compensation on industries/units/persons indulging in activities leading to air pollution or those found violating air quality norms and rules.

An adjudicating body within the Commission could decide the extent of environmental damage caused and impose an environmental compensation charge that will have to eb used towards mitigation of air pollution.

While the Central Pollution Control board and state pollution control board are able to impose such compensatory fines against errant industry/persons through directions and powers drawn from the National Green Tribunal, the CAQM wants greater legal sanctity for such powers.

“The CAQM is seeking that these powers be vested in it through the Act of Parliament. Only then will the panel be truly encompassing in nature and hold the powers to impose penal actions in perpetuity rather than on a case to case basis”, an official in the know told ET.

The 18 member commission has been created- through the October 2020 Ordinance- as a permanent, dedicated and statutory structure to comprehensively address the air pollution problem in Delhi-NCR- covering in its jurisdiction the entire ‘air shed’ which impacts the air quality -area spread across Punjab, Haryana, Uttar Pradesh and Rajasthan.

The CAQM is expected to be the one point panel on air pollution concerns in and around the capital and has replaced multiple ad hoc committees, task forces set up under the Union Environment ministry, Prime Minister’s Office and the Central Pollution Control Board besides the Environment (Prevntion & Control) Authority set up in 1998 by the Supreme Court.