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Estate Planning Attorney inUnion, SC

Did you know that one in two U.S. citizens have yet to create a plan for their estate? Just about everyone knows they need to get their affairs in order, but most people procrastinate when it comes to estate planning. It's an uncomfortable subject to think about. After all, nobody wants to ponder their death and what happens to their assets when they pass. However, working with an estate planning lawyer in Union, SC, protects you, your loved ones, and your assets, both while you're alive and after you have died. There isn't a perfect time to plan your estate, but there is a right time and that time is now.

We understand that there is no "one-size-fits-all" solution to your estate planning needs. That's why, at Cobb Hammett Law Firm, we make a concerted effort to speak with our clients personally so that we can create an estate plan that is as unique as they are. Our estate plans are comprehensive, cost-effective, and catered to you. That way, your family is provided if you are incapacitated or pass away.

At the end of the day, our goal is to make sure that every one of our clients leaves our office feeling less stressed and more informed. Peace of mind is valuable currency these days. Why worry about the future of your loved ones when you can use South Carolina law to ensure their stability?

Many of the clients in Union, SC that walk through our doors have significant questions that require serious answers. They're filled with doubt, stress, and worry. They're worried about their children, their spouse, their relatives, or all the above. They ask questions like:

  • How much does estate planning cost?
  • What kind of results can I expect?
  • How long will this process take?

If these questions sound familiar, know that you are not alone. At Cobb Hammett Law Firm, we have worked with hundreds of clients just like you. Sometimes, these clients are unsatisfied with their current estate planning attorney in Union, SC. Other times, they have been served with confusing papers or documents that leave them feeling overwhelmed. In either case, clients come to our office knowing they need to manage what is often a sudden, foreign situation.

The good news? We sit down with all new clients for an hour at no extra cost. We do so to get a basic sense of their situation and help steer them in the right direction. That way, they can leave our office feeling a little wiser and a lot better about the future.

Our firm specializes in several areas of estate planning and family law, including:

  • Estate Planning
  • Last Will and Testament
  • Living Wills
  • Heath Care Power of Attorney
  • Living Wills
  • Irrevocable Trusts
  • Revocable Trusts
  • Retirement Trusts
  • Special Needs Trusts

The Cobb Hammett
Difference

At Cobb Hammett, LLC, estate planning is like second nature to us. Having worked hundreds upon hundreds of cases, we have the knowledge and experience to assist with all the estate planning needs that you or your family have.

As our client, you will always work directly with your attorney. We do not pass cases off to paralegals or junior associates. Because your concerns and questions don't end when our office closes, we encourage our clients to contact us at any time.

Because we limit the number of cases we accept, we have the time and resources to truly dedicate ourselves to each of our clients. Unlike some competitors, we care about the outcome of every case because we know that our clients' future depends on it.

Estate Planning Attorney Union, SC The-Cobb-Dill-Hammett-Difference
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What Our Clients Say

What is Estate Planning in
Union, SC?

The word "estate" might make you think of a sprawling mansion in the French countryside. The truth is, you don't have to be rich to have an estate. In fact, most people already have an estate. An estate comprises the assets that a person owns like cars, bank accounts, real estate, businesses, and other possessions. Everyone's estate is different, but we all have one thing in common: none of us can take our estates with us when we die. When that does eventually happen, you will need legal instructions that state who gets what from your estate in plain terms.That, in a nutshell, is estate planning building a framework in advance that names the organizations or people that should receive your assets after you die. Planning your estate now helps make life much easier for your family down the line.

Estate Planning Lawyer Union, SC
A good estate plan covers more than fiscal assets, however. A comprehensive
estate plan should include the following:
  • If you have children who are minors, instructions as to who will be their guardian when you die.
  • Long-term care insurance if you suffer from an extended injury or illness.
  • Instructions that dictate what happens to you and your financial affairs if you become incapacitated before death.
  • Instructions on the transfer of your business after retirement, incapacity, disability, or death.
  • Instructions on how to provide for loved ones who might need help managing money or who need protection from creditors.
  • Probate and tax avoidance that help minimize court fees, taxes, and legal fees.
  • Planning Medicaid payments.
  • Instructions that help complete or update beneficiary designations.
  • Assist family members who have special needs without disqualifying them from government benefits.

Contrary to popular belief, estate planning isn't just for adults who are approaching retirement age. Estate planning is for everyone. After all, we're all getting older, and none of us know exactly when it will be our time to go.

The Basics of Estate Planning
in Union, SC

Although estate planning can be complicated, a well-rounded plan makes a huge difference in what is left to your beneficiaries. Before you start planning your estate, it's important to know a few common topics that may arise as you detail your needs.

1.

Working with a Tax Advisor and Estate Planning
Attorney in Union, SC

Working with a veteran estate planning lawyer is a no-brainer, but you should consider working with a tax advisor too. Your attorney's role is to help guide you through the creation of your estate planning documents. Common documents include your will, health care directives, and power of attorney. Your tax advisor will help guide you through tax issues associated with your estate planning needs.

In this relationship, you make the decisions while your attorney and tax advisor help you understand and think through the options you're considering. As a team, they will help you state your wishes clearly while minimizing mistakes and adjusting your plans as they change. Because significant savings can result from thorough, informed planning, you should seriously consider working with a tax advisor in addition to your estate planning attorney.

Law Firm Union, SC
2.

Maximizing
Your Estate

If there were one overriding theme of estate planning, it would be maximizing what you plan to leave behind. Thinking through how each of your assets will be distributed is crucial to your estate. Your decisions may change depending on the type of asset, its size, how old you are, and several other factors. With an attorney on your side, you will gain a thorough understanding of what actions you should take to care for your family while minimizing expenses like taxes and court fees.

Estate Planning Law Union, SC
3.

Inheritance, Estate,
and Gift Taxes

One of the biggest parts of maximizing what you're leaving behind is to minimize taxes. Federal taxes on estates and gifts are incredibly high. Both forms of taxes usually have exemption limits, which means you can give up to a specific amount without being taxed. Your lawyer can achieve that by using the gift tax exemption to move assets while you are still alive. This strategy maximizes how much your beneficiaries will receive.

Inheritance taxes are often based on the value of your estate and paid prior to asset distribution to your beneficiaries.

Estate Planning Attorney Union, SC

Choosing the Executor of Your Will

The executor of your estate plays a key role in your affairs. Their responsibilities include carrying out the terms of your will and seeing the estate settlement process through until the end. Obviously, such a role demands a qualified person. Choosing your executor isn't an easy decision. The person you select should be great at managing money, be savvy financially, and show an ability to be patient. That's because the executor is tasked with:

  • Collecting Your Assets
  • Paying Outstanding Bills
  • Submitting Tax Returns
  • Petitioning the Court for Documents
  • Distributing Assets to Your Beneficiaries

If the person that you choose as executor is inexperienced with the estate settlement process, it is recommended that they lean on an estate planning attorney in Union, SC for guidance. It should be noted that you may appoint more than a single executor to your estate. This is common when two individuals have complementary personalities or skill sets.

The Benefits of Estate Planning
in Union, SC

One of the biggest benefits of planning your estate is the peace of mind it brings to you and your family. With the help of our expert estate planning attorneys, you have the power to protect your assets, privacy, and children's welfare. You can also potentially save money on taxes or even avoid probate. By having your wishes legally documented before death or incapacity, you can minimize any impact on your beneficiaries and take control of your legacy. Without a comprehensive estate plan, you're leaving the future of your loved ones in the hands of the South Carolina court system.

With an estate plan in place, you can plan for incapacity by using a power of attorney or advanced medical directives. Doing so relieves your loved ones of the burden of asking the court for the authority to fulfill your wishes.

At Cobb Hammett Law Firm, we are committed to helping you prepare for both the expected and unexpected through years of experience and a fierce dedication to our clients. From establishing trusts to designing business succession plans, we are here to fight for you.

At Cobb Hammett we offer a "Will Package" that includes 4 necessary documents.

If a husband and wife each purchase reciprocating will packages we give a discount. Reciprocating just means the husband names the wife and the wife names the husband. Those four documents are:

  • Last will and testament
  • Healthcare power of attorney
  • Durable power of attorney
  • living will

Common Documents Included
in Your Estate Plan

As mentioned above, everyone's estate planning needs will be different. However, most plans include one or more of the following documents:

1.

Will

Your will is an essential piece of documentation and is often considered the cornerstone of a proper estate plan. Generally speaking, your will is a document that dictates the distribution of your assets after your death. Having an iron-clad will is one of the best ways to make sure that your wishes are communicated clearly. As is the case with most estate planning, it is highly recommended that you work with an estate planning attorney in Union, SC, to create and update your will.

The contents of a will typically include:

  • Designation of the executor, who is responsible for adhering to the provisions of your will.
  • Designation of beneficiaries the people who will be inheriting your assets
  • Instructions that dictate how and when your beneficiaries will receive assets.
  • Instructions that assign guardianship for any minor children.

Without a will in place, the State of South Carolina will decide how to distribute assets to your beneficiaries. Allowing the state to distribute your assets is often an unfavorable route to take, since the settlement process may not include what you had in mind for your survivors. Having a will drafted that reflects your wishes will prevent such a situation from happening.

Estate Planning Lawyer Union, SC
2.

Living Will

Despite its name, a living will does not instruct your survivors on what assets go where. Also called an advanced directive, your living will allows you to state your end-of-life medical wishes if you have become unable to communicate. This important document provides guidance to family members and doctors and solidifies certain issues like whether you should be resuscitated after an accident.

For example, it's common to direct that palliative care (care to decrease pain and suffering) always be administered if needed. Conversely, you may state that certain measures are not allowed, like CPR.

Law Firm Union, SC
3.

Trusts

Traditionally, a trust is used to minimize estate taxes and maximize other benefits as part of a well-rounded estate plan. This fiduciary agreement lets a trustee hold your assets on behalf of your beneficiaries. There are many ways to arrange a trust to specify when and how your assets are distributed.

With a trust in place, your beneficiaries can avoid going to probate. That means they may be able to gain access to your assets quicker than when they are transferred with a standard will. Assets placed in a trust can pass outside of probate, which will save you and your family time, money, and stress.

There are two distinct trust categories that you should be aware of: revocable and irrevocable.

Estate Planning Law Union, SC

Revocable Trust:

Also called a living trust, a revocable trust helps assets circumvent probate. With this trust, you can control your assets while you are still alive. These trusts are flexible and may be dissolved at any point in time. This type of trust becomes irrevocable upon your death. Revocable trusts can help you avoid the pitfalls of probate but be aware that they are usually still taxable.

Irrevocable Trust:

This kind of trust transfers assets out of your estate so that they are not taxed and do not have to go through probate. However, once an irrevocable trust has been executed, it may not be altered. That means that once you establish this kind of trust, you lose control of its assets and cannot dissolve the trust. If your primary goal is to avoid taxes on your estate, setting up an irrevocable could be a wise choice.

When drafted with the help of an estate planning lawyer in Union, SC, your trust can also:

Protect Your Legacy:

When constructed properly, a trust can protect your estate from your heirs' creditors. This can be a huge relief for beneficiaries who might need to brush up on money management skills.

Privacy and Probate:

Probate records are made available for public consumption. With a trust, you may have the choice of having your assets pass outside of probate court so that they remain private. In the process, you may also save money that you would lose to taxes and court fees.

Control Wealth:

Because you can specify the exact terms of a trust, you have more control over who receives your assets and when they receive them. As an example, you can set up a revocable trust so that your assets are attainable while you're alive. When you pass, remaining assets are distributed, even in complex situations involving children from multiple marriages.

The Top Estate Planning Law Firm in the Lowcountry

If you know that you need to provide for your family and loved ones after your death, it's time to develop your estate plan. With Cobb Hammett Law Firm by your side, planning your estate doesn't have to be difficult. However, it does need to be accurate and executed exactly to your wishes something that we have been helping clients achieve for years. Don't leave your legacy up to chance contact our office today and secure your future generations.

CONTACT US

Latest News in Union, SC

BREAKING| UP SIR Timeline ‘Arbitrary and Unrealistic’: Farmers’ Union Moves SC for Three-Month Extension

<img>BKU Azad Trust’s petition before the SC challenged the four-week voter-verification timeline in Uttar PradeshThe Bharatiya Kisan Union (BKU) Azad Trust has approached the Supreme Court seeking a three-month extension of the Special Intensive Revision (SIR) of electoral rolls underway in Uttar Pradesh, warning that the current four-week timeline is “administratively impossible” for a state with over 15.35 crore voters.The Petitioner emphasised that the challenge is not to the SIR itself, but o...

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BKU Azad Trust’s petition before the SC challenged the four-week voter-verification timeline in Uttar Pradesh

The Bharatiya Kisan Union (BKU) Azad Trust has approached the Supreme Court seeking a three-month extension of the Special Intensive Revision (SIR) of electoral rolls underway in Uttar Pradesh, warning that the current four-week timeline is “administratively impossible” for a state with over 15.35 crore voters.

The Petitioner emphasised that the challenge is not to the SIR itself, but only to the compressed time frame which, it argues, risks widespread and arbitrary disenfranchisement.

Filed as a public interest litigation, the petition describes the Trust as a non-partisan organisation working across rural Uttar Pradesh to strengthen democratic participation among farmers and rural labourers. It states that despite submitting a representation to the Election Commission seeking more time for the SIR, no remedial action has followed, prompting the present plea.

The petition filed through AoR Ansar Ahmed Chaudhary and drawn by Advocates Charu Mathur, Md. Anas Chaudhary, Snehla Chaudhary and Alia Bano Zaidi underscores that the SIR is a welcome and essential democratic exercise, but insists that the four-week window is “manifestly inadequate” for a statewide, house-to-house verification.

The Trust seeks an extension solely to ensure accuracy of entries, proper disposal of claims and objections, inclusion of new or migrated voters, and protection against mass deletions caused by hurried verification. The Request, it stresses, aligns with the constitutional mandate of universal adult suffrage under Article 326.

Citing the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960, the petition notes that the law prescribes no fixed duration for such revisions and that timelines must be “reasonable, practicable and non-arbitrary”.

The petition highlights that past intensive revisions; 13 rounds from 1952 to 2004, were conducted over extended periods, with the last such exercise taking nearly two years. The ongoing SIR is the first multi-state effort in more than two decades, making adequate time and procedural fairness essential.

The Trust also details socio-economic and seasonal barriers facing rural voters. The SIR coincides with peak sugarcane harvesting, during which farmers and labourers are either fully occupied or migrate to other states. Illiteracy, limited access to Booth Level Officers, and mobility challenges for women and the elderly further exacerbate the risk of exclusion.

Serious concerns are raised regarding the use of untrained volunteers such as Anganwadi workers, NCC and NSS participants for door-to-door verification. The petition contends that these volunteers are not recognised under the statutory framework, have no formal training or confidentiality obligations, and are being handed sensitive personal information; posing significant data security and privacy risks at a time when “digital arrest” scams are rampant.

The petition also flags overburdening of Booth Level Officers, many of whom are school teachers compelled to complete an “impossible workload” within an unrealistic timeline. The Trust cites media reports noting extreme stress and even suicides linked to administrative pressure in other states during similar revisions.

Arguing that Uttar Pradesh faces no imminent Assembly or Parliamentary elections, the Trust asserts that there is no election-linked urgency justifying the compressed timeline. It proposes practical safeguards including special camps, trained personnel to assist vulnerable citizens, mandatory acknowledgment receipts for all submissions, and designated grievance officers at the block level.

Contending that the four-week time frame violates Articles 14, 19(1)(a), 21 and 326 of the Constitution, the Trust urges the Supreme Court to grant a reasonable extension to ensure the SIR is conducted with fairness, transparency and procedural integrity.

The petition concludes that it seeks not to obstruct the SIR, but to protect millions of rural and marginalised voters from being excluded due to administrative haste.

Case Title: Bharatiya Kisan Union Azad Trust v. Election Commission of India & Ors.

Date of Registration of PIL: November 27, 2025

Bench: Supreme Court of India (hearing expected)

SC Says Vacant Info Commissioner Posts Undermine RTI, Orders Union and States to Act Quickly

The Supreme Court on Monday, November 17, heard a petition on the prolonged failure of the Union government and several states to appoint Information Commissioners.Noting that vacancies were undermining the functioning of the Right to Information (RTI) Act, a bench of Justice Surya Kant and Justice Joymalya Bagchi directed Himachal Pradesh to fill all vacant posts in its State Information Commission (SIC) within two months, and instructed Jharkhand to complete its long-pending appointment process within one month.The Bench said...

The Supreme Court on Monday, November 17, heard a petition on the prolonged failure of the Union government and several states to appoint Information Commissioners.

Noting that vacancies were undermining the functioning of the Right to Information (RTI) Act, a bench of Justice Surya Kant and Justice Joymalya Bagchi directed Himachal Pradesh to fill all vacant posts in its State Information Commission (SIC) within two months, and instructed Jharkhand to complete its long-pending appointment process within one month.

The Bench said it would hear the case again in the next few days.

Appearing for the petitioners, Anjali Bhardwaj, Commodore Lokesh Batra (Retd.) and Amrita Johri, Supreme Court advocate Prashant Bhushan told the court that the Central Information Commission (CIC) has been without a chief for more than two months and that eight of the ten sanctioned posts of Information Commissioners are vacant.

The CIC currently faces a backlog of nearly 30,000 cases. Bhushan informed the court that several SICs are also functioning with serious shortages.

These are the details shared by the petitioners on the pendency at the state level commissions:

Jharkhand: Defunct for more than five years; no longer registering new cases. Himachal Pradesh: Defunct for more than four months. Chhattisgarh: Operating with only one commissioner despite nearly 35,000 pending matters. Maharashtra: Three posts vacant; backlog close to 1 lakh cases. Tamil Nadu: Only seven commissioners sanctioned despite a backlog of around 41,000 cases. Madhya Pradesh: Operating with four commissioners; around 20,000 matters pending.

Also read: RTI at 20: How RTI Exposed Corruption and Why the Govt Fears It | Jaanne Bhi Do Yaaro

Since the last hearing on October 27, the Karnataka government has filled all vacancies in its commission, bringing it to the full sanctioned strength of 11 commissioners. Counsel for the Union of India told the court that a meeting of the selection committee would be held shortly and that appointments would be completed at the earliest.

The petitioners argued that governments were “completely undermining” citizens’ right to information by not making timely and transparent appointments, resulting in delays of over a year in the disposal of appeals and complaints. They also highlighted the need to follow the transparency standards mandated in the Supreme Court’s 2019 Anjali Bhardwaj judgment.

The petitioners were also represented by advocate Rahul Gupta.

This article went live on November seventeenth, two thousand twenty five, at thirty-nine minutes past six in the evening.

Ex-Union secretary seeks SC-monitored probe into alleged bank fraud by RCOM, Anil Ambani

The PIL, filed by former Union secretary Emani Anantha Satyanarayana Sarma (EAS Sarma), alleges that RCOM, Reliance Infratel, and Reliance Telecom diverted ₹31,580 crore in bank loans.A public interest litigation (PIL) has sought a court-monitored investigation into what it alleges to be a large-scale banking fraud involving Reliance Communications Ltd (RCOM), its group companies, and former promoter Anil Ambani.The writ petition, filed by former Union secretary Emani Anantha Satyanarayana Sarma (E.A.S. Sarma) in the Suprem...

The PIL, filed by former Union secretary Emani Anantha Satyanarayana Sarma (EAS Sarma), alleges that RCOM, Reliance Infratel, and Reliance Telecom diverted ₹31,580 crore in bank loans.

A public interest litigation (PIL) has sought a court-monitored investigation into what it alleges to be a large-scale banking fraud involving Reliance Communications Ltd (RCOM), its group companies, and former promoter Anil Ambani.

The writ petition, filed by former Union secretary Emani Anantha Satyanarayana Sarma (E.A.S. Sarma) in the Supreme Court on Monday, was mentioned before a bench led by Chief Justice B.R. Gavai by senior advocate Prashant Bhushan. The court listed the matter for hearing.

The plea, as seen by Mint, alleges that RCOM, Reliance Infratel, and Reliance Telecom diverted ₹31,580 crore in loans disbursed by the State Bank of India (SBI)-led consortium of banks between 2013 and 2017.

It argues that the Central Bureau of Investigation's (CBI) August 2025 FIR and related Directorate of Enforcement (ED) proceedings “cover only a fraction” of the alleged wrongdoing and do not examine “the role of bank officials and regulators, despite detailed forensic audits pointing to widespread diversion of funds”.

“The investigating agencies… have overlooked the five-year delay in filing the FIR by the bank, which clearly indicates involvement of bank officials and other public servants whose conduct enabled, concealed, or facilitated the fraud.”

The 2020 audit

A 2020 forensic audit commissioned by SBI uncovered extensive financial irregularities, according to the petition.

The audit allegedly found large-scale diversion of funds, including repayment of unrelated loans, transfers to related parties, investments in mutual funds and fixed deposits that were immediately liquidated, and circular transactions used to disguise loan evergreening. It also recorded entries from bank accounts that had already been closed, suggesting fabrication of financial statements.

“Despite being in possession of the 2020 forensic audit report… the bank chose to take no statutory action until August 2025, a delay that cannot be explained without examining whether officers acted in collusion or with deliberate intent to shield the borrower group,” the plea adds.

The petition says shell entities such as Netizen Engineering and Kunj Bihari Developers were allegedly used to siphon funds, and cites sham preference-share structures that helped write off more than ₹1,800 crore in liabilities. The petitioner argues these findings show a deliberate effort to hide losses and divert public funds.

It also highlights similar patterns of financial irregularities in other Anil Ambani-linked firms, including Reliance Capital, involving the diversion of funds through loss-making subsidiaries, questionable write-downs, and offshore structures routed through Mauritius, Cyprus, and the British Virgin Islands—all pointing to possible Foreign Exchange Management Act (FEMA) and Prevention of Money Laundering Act (PMLA) violations.

Sarma contends that the current CBI and ED probes do not address core issues, such as forged accounts, the use of non-existent bank accounts, shell-company layering, cross-border transactions, or the role of senior officials, auditors, and regulators. Without examining these aspects, the investigation “falls short of constitutional requirements under Article 21”.

A detailed late-night emailed query sent to Anish Niranjan Nanavaty, the current resolution professional of Reliance Communications, remained unanswered till press time.

A spokesperson for Reliance Communications, in response to Mint’s queries, referred to the company’s earlier statement issued on 30 October, when similar allegations were made by investigative portal Cobrapost that the company had committed a massive financial fraud exceeding ₹41,921 crore through diversion of funds across group companies since 2006.

At the time, the Reliance Group had strongly denied the charge, stating:

“Reliance Group strongly condemns Cobrapost’s malicious campaign to tarnish its reputation, and mislead stakeholders. The corporate rivals appear to be orchestrating this alleged exercise with the malicious intent to tarnish the reputation of Reliance Infrastructure Limited, Reliance Power Limited, Anil D. Ambani, and one of the largest family of over 55 lakh shareholders. Their underlying motive is to influence public perception, and manipulate market sentiment to serve their own vested commercial interest."

It further added: “A dead platform resurrected as a corporate hit-job. Dormant since 2019, Cobrapost has zero journalistic credibility, and a 100% track record of agenda-driven stings. Cobrapost’s sudden ‘revival’ is fully funded by entities with direct commercial interest to acquire Reliance Group assets. Malicious campaign aimed at crashing the stock prices, and engineer panic in stock markets to acquire Reliance Group assets. Recycling of old publicly available information, already examined by CBI, ED, SEBI and other agencies. An organized attempt to prejudice a fair trial.”

SC-monitored probe

The PIL seeks a Supreme Court-monitored, comprehensive investigation covering the full forensic audit record, related insolvency proceedings, and other available material. It also asks for probes into potential offences under the IPC, Prevention of Corruption Act, PMLA, FEMA, Companies Act, SEBI Act, RBI guidelines, and the Insolvency and Bankruptcy Code.

“Fraud of this magnitude, involving public money and public institutions, cannot be investigated in a piecemeal manner… The five-year unexplained delay by the complainant bank and the inertia displayed by the RBI and the ED clearly indicate deeper institutional complicity,” says the plea.

The petition comes as Anil Ambani and several Reliance Group (Anil Dhirubhai Ambani Group) entities are already under scrutiny. The CBI recently conducted searches in Mumbai in a separate loan-fraud case involving RCOM. Meanwhile, the ED has widened its money-laundering probe, raiding more than 35 premises linked to over 50 group companies in July 2025.

By November 2025, the ED had frozen assets worth ₹3,084 crore and attached 132 acres of land in Navi Mumbai valued at ₹4,462 crore, citing suspected laundering of proceeds from bank loans.

RCOM officially entered the bankruptcy process in May 2019.

Delhi Air Pollution Crisis | Can’t hold us to standards of developed countries, Union argues; SC asks for long term plan - Supreme Court Observer

AnalysisDelhi Air Pollution Crisis | Can’t hold us to standards of developed countries, Union argues; SC asks for long term planAmicus says burning is undercounted; Union points to machinery subsidies; Court seeks durable plan beyond seasonal bansToday, the Supreme Court pressed the Union Government, Punjab and Haryana to come back within a day with a workable, long-term solution to Delhi’s pollution emergency. The direction followed submissions that satellite data is undercounting farm fires and that the c...

Analysis

Delhi Air Pollution Crisis | Can’t hold us to standards of developed countries, Union argues; SC asks for long term plan

Amicus says burning is undercounted; Union points to machinery subsidies; Court seeks durable plan beyond seasonal bans

Today, the Supreme Court pressed the Union Government, Punjab and Haryana to come back within a day with a workable, long-term solution to Delhi’s pollution emergency. The direction followed submissions that satellite data is undercounting farm fires and that the causes of stubble burning have remained unresolved for over a decade.

The Bench of Chief Justice B.R. Gavai, Justices K.V. Chandran and N.V. Anjaria made clear that short-term bans and seasonal restrictions cannot address the pollution situation in the capital.

On 15 October, the Court allowed the limited sale and use of green firecrackers across the NCR for a four-day window during Diwali. The Bench directed strict monitoring of air quality, enforcement and compliance to prevent violations

Senior Advocate Aparajita Singh, appearing as amicus curiae, told the Court that the present stubble-burning schedules cannot be understood without first recognising that Punjab’s paddy sowing was deliberately delayed from 2009 to conserve groundwater. “Because the paddy is delayed, the harvesting of paddy and then planting of wheat are compressed… farmers don’t have enough time. The easiest thing to do is to burn,” she submitted.

Singh emphasised that this burning is not out of negligence but compulsion. She recalled that it was at the Court’s intervention that specialised machinery, balers, Happy Seeders and Super Seeders had been heavily subsidised. “50 percent for individual farmers, 80 percent for cooperatives. Thousands of machines have been provided every year since 2018.”

She said Punjab’s new plea seeking ₹100 per quintal compensation from the Centre was a “repetitive” proposal that recurs annually despite huge public spending. “Why have they not been able to solve it? Asking for ₹100 per quintal is one solution, but not the solution,” she told the Bench.

Singh alerted the Bench to the fact that official stubble-burning numbers are incomplete. Referencing India Today, The Hindu and posts by NASA scientist Hiren Jetwa, she said farmers have been told the timing of satellite passes so they can burn after the satellite crosses. “Actual burning is being undercounted,” she stressed, adding that the CAQM’s own report confirms that current methods “do not capture all the burning.”

ASG Aishwarya Bhati, appearing for the Union, acknowledged the limitations of current detection systems. “We do notice gaps… we have developed a protocol with ISRO and are working on two additional protocols to calculate burnt area,” she said, clarifying that these remain in trial phases.

Bhati submitted that Punjab’s present application was “nothing new,” pointing out that the Centre had already disbursed ₹1,963 crores to the State for crop-residue machinery. She added that machinery distribution is monitored by CAQM, with state governments involved at every step.

According to Bhati, Delhi’s overall pollution load is driven by its geographic position as well as human-generated emissions and stubble burning. She urged the Court to recognise the constraints of a developing country and added, “When you compare a developed country with developing countries, the same measures cannot apply. We are Global South; our realities have to be seen.”

Responding to concerns over AQI equipment, Bhati said the monitors used are “one of the best in the world”. The amicus, however, countered that some stations cap at 999 AQI, and sought an affidavit. Bhati explained that sprinkling of water around stations was part of GRAP-III requirements, including mandatory anti-smog guns for high-rise buildings.

Appearing for an intervenor, Senior Advocate Gopal Sankaranarayanan stated that “nothing like this has ever been seen before… we are in an emergency situation,”. He recalled that Delhi’s air improvements in the early 2000s were achieved only because past Benches took uncompromising measures, such as mandatory CNG conversion and removal of highly polluting industries.

Sankaranarayanan described the Punjab and Haryana paddy-sowing laws of 2009–10 as the root cause of the compressed crop cycle. The real solution, he argued, lay in advancing paddy sowing by at least two months, as practised in California and Beijing. He submitted, “Burning cannot be ended; it happens in farm systems globally. What matters is when the burning happens…it must not happen when the winds flow to Delhi.”

He added that geostationary satellite data shows farm-fire numbers have not actually fallen, and emissions in 2022, 2023 and 2024 have increased. “The numbers remain the same… the emissions remain the same,” he submitted.

Sankaranarayanan criticised India’s AQI thresholds. “When WHO says 50 is dangerous, our triggers are set far higher. PM2.5 is irreversible. Once it goes into my child’s lungs, it will never leave.” When CJI Gavai asked whether he expected everything to be stalled year-round, Sankaranarayanan replied, “It has to be stalled. Three out of ten deaths in Delhi are singularly caused by air pollution.”

From the Bench

The Court said that Delhi’s pollution cannot be handled through short-term or seasonal responses—the problem now requires a long-term plan. CJI Gavai noted that the city’s air quality has continued to deteriorate despite repeated restrictions every winter and remarked that “a long-term solution needs to be worked out”. When Sankaranarayanan urged a year-round halt on several activities, the Bench said this was not practical. “We cannot only think about one side… a large population depends on these activities,” CJI Gavai noted, adding that a blanket stop on construction was not possible.

The Court also directed the Chief Secretaries of Punjab and Haryana to ensure full implementation of the CAQM’s directions on stubble burning. The Bench noted that while recorded incidents may have reduced, the pollution levels have not. The Union Government was asked to place on record a concrete long-term proposal, after Singh and Bhati both stated that temporary measures were not sufficient. On the concern raised by the amicus regarding AQI monitors capping at 999 and the possibility that satellite systems were not capturing all fires, the Bench asked the Union to file an affidavit explaining the monitoring equipment in use and its accuracy.

The Court gave the authorities a day to respond and listed the matter for further hearing on 19 November.

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