In a decision that is going to hit farmers in the national Capital and NCR, the National Green Tribunal (NGT) on Tuesday banned burning of crop residue — a normal process in farming — in open fields. The NGT also banned the burning of garbage, leaves, plastic and any other polluting materials in the open, and said that a fine of Rs5,000 would be imposed on violators.
While the NGT’s order is aimed at curbing the rapidly rising air pollution in the region, the tribunal’s decision will impact farmers the most. Not only is it a normal practice for farmers to burn crop residue, it’s also one of the only ways available to them to dispose of agricultural waste after harvest. Plus the ashes are used as fertilizer for the fields. The NGT’s order will impact the farmers of Delhi’s villages, especially those in Outer Delhi.
The Bench has also asked the Government to designate composting pits for disposal of the waste. “To ensure that there is no burning of leaves or horticulture residue, we direct all the Corporations, civic authorities and the State Governments to ensure that there are proper composting pits, area-wise prescribed within one week from today.
The composting will be done only at those sites and all the Corporations, civic authorities and the State Governments shall be responsible for providing due space for collection and deposit of horticulture waste, including leaves for composting purposes at these sites,” the order said.
Issuing directions to spread mass awareness regarding the ill-effects of burning waste materials in open areas, a Bench headed by NGT Chairperson Justice Swatanter Kumar asked the civic authorities and State Governments of Delhi, Haryana, Rajasthan and Uttar Pradesh to start working on implementing the order with immediate effect.
“There shall be complete prohibition on burning of any kind of garbage, leaves, waste, plastic, rubber or any other material in the open for any part of NCR-Delhi... We direct that for every incident of burning of such material, the person who is actually found burning or responsible for burning would be liable to pay compensation in terms of Section 15 of the National Green Tribunal Act, 2010 under the principle of polluter pays,” the Bench said adding that the money collected would be used for restoration of the environment.
The green panel said that in case an offender refuses to comply with the orders, the officer-in-charge would be at liberty to serve show cause notice to him for appearing before the tribunal and explain why he shall not pay compensation.
It made it clear that orders of the NGT are to be complied with as a decree order of a civil court and all authorities, including the police are duty bound to carry them out.
Elaborating on the process for filing complaints, the NGT said that any person who notices burning of such material would have the right to complain in writing, or otherwise, to the SHO of the area, Municipal Corporation, Delhi Pollution Control Committee (DPCC) and its regional branches.
In relation to burning of plastic and like products, the Bench issued specific directions to corporations and police authorities that “in no event they would permit burning of plastic or by-product in any part of Delhi-NCR.”
“If authorities notice such burning they will not only ensure that such activity is stopped, but will also be entitled to seize the entire material. On seizure of such material, the authorities will take direction from the tribunal and dispose it by giving it to an authorized dealer,” the tribunal said.
The Bench also said that its December 4, 2014 orders with regard to burning of waste material will continue to be in force. The tribunal, in its December 4 order, had said that steps should be taken to reduce PM 2.5 levels through appropriate anti-pollution devices and the only workable solution to this “serious menace” is complete prohibition on burning of garbage or other material in the open.
Widening the ambit of a plea related to vehicular pollution, the Bench had said that studies have shown that there are three primary sources causing serious air pollution in NCR Delhi - dust, burning of plastic and other materials including leaves in the open and vehicular pollution.
“All these three sources lead to a common evil of air pollution by introducing high particulate matters, hydrocarbon, oxides of sulphur and nitrogen, benzene and ozone in the air. All these pollutants are responsible for causing health hazards,” it had said.