Supreme Court 'amused' by Delhi govt's PIL against Ministry of Environment order

In an embarrassment for the Delhi Government, the Supreme Court on Friday termed a public interest litigation (PIL) filed by the AAP-led Government 'amusing'. The Arvind Kejriwal-led Delhi government filed a PIL against Union Environment Ministry notification on power plants. The top Court expressed amusement and noted that in such scenarios, the state government was supposed to file a case instead of a PIL. 

A two-judge bench comprising Navin Sinha and Justice R. Subhash Reddy dismissed the PIL while calling it is amusing that the State of Delhi is coming against the Centre with a PIL. Subsequently, the Delhi Government withdrew the PIL.

PILs are usually filed by individuals or organizations when the fundamental rights of the petitioner are violated. It refers to litigation aimed at securing some public interest and ensuring justice to otherwise disadvantaged people. The Delhi Government had filed the PIL against Union Ministry's notification dated April 1.

Delhi Govt files PIL against Union Minisrty

The Delhi Government, in its PIL, had complained that some 10 thermal power plants in Punjab, Haryana, and Uttar Pradesh had not installed the Flue Gas Desulphurization (FGD) technology, resulting in pollution. Senior Advocate, Colin Gonsalves, appearing for the Delhi Government argued that these plants contribute up to 80% of sulphates and other "killer gases", which contribute to pollution in Delhi. 

Senior Advocate Gonsalves further alleged the Central Government of not taking interest in controlling pollution and had failed to honour its commitment to the top court. He wanted the PIL to be tagged with other pending cases before the Court. However, the Supreme Court advised the Government representative to mention the complaints in the same case where the Centre gave the undertaking. 

Union Ministry notification on thermal power plants

As per the notification, the Union Ministry then had informed about the amended rules to allow thermal power plants within 10 kilometres of the National Capital Region (NCR) and in cities with over 10 lakh population, to comply with new emission norms only by the end of 2022, a June 16 PTI report said. According to a study by the Delhi-based not-for-profit Council on Energy, Environment, and Water, eleven coal-fired NCR power plants contributed 7%  to Delhi's PM2.5 pollution on an average between October 2020 and January 2021. 

(With PTI inputs)