SC seeks CAQM report on preemptive steps to curb rising Delhi-NCR pollution
A CJI-led bench issued the direction while hearing the ongoing MC Mehta case, which monitors air pollution control measures in the national capital.
The Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) to file a report detailing the preemptive measures being taken to prevent further deterioration of Delhi’s already ‘very poor’ air quality.
A bench headed by Chief Justice of India (CJI) Bhushan R Gavai and justice K Vinod Chandran issued the direction while hearing the ongoing MC Mehta case, which monitors air pollution control measures in the national capital.
“We direct the CAQM to place on record an affidavit explaining what steps are proposed to be taken to prevent the air in Delhi-NCR from turning severe,” the bench said.
The court’s direction came after senior advocate Aparajita Singh, assisting the court as amicus curiae, flagged the worsening air quality and raised concerns over the CAQM’s inaction. She told the bench that the statutory body was duty-bound under previous court orders to implement the Graded Response Action Plan (GRAP) and take immediate measures before pollution levels reached the “severe” stage.
“Delhi’s air is already in the ‘very poor’ zone, with AQI levels ranging between 300 and 400 across most monitoring stations,” Singh said. She also referred to reports indicating that only nine out of 37 monitoring stations were functional during Diwali days.
“The CAQM must tell this court what pre-emptive steps they intend to take before the air turns severe. If the monitoring stations are not functional, how do we even determine when GRAP needs to be implemented?” she added.
Under GRAP, the National Capital Region (NCR) is classified into four stages of worsening air quality: Stage 1 — Poor (AQI 201–300), Stage 2 — Very Poor (AQI 301–400), Stage 3 — Severe (AQI 401–450), and Stage 4 — Severe Plus (AQI above 450).
Senior advocate Ruchi Kohli, appearing for CAQM, informed the court that the Commission had already filed a report on the pre-emptive steps taken and that the Central Pollution Control Board (CPCB) was responsible for providing AQI data for Diwali days.
However, Singh countered that CAQM could not “shirk” its responsibility to update the court. “They have filed such reports in the past. This is the body directly responsible for maintaining clean air in Delhi-NCR,” she said.
Representing the Centre, additional solicitor general Aishwarya Bhati assured the bench that the CAQM would submit the required report in compliance with the court’s order.
The bench’s direction comes as Delhi enters the winter season, a period notorious for hazardous air quality due to multiple factors including vehicular emissions, stubble burning, and firecracker pollution.
The court had earlier banned firecrackers across Delhi-NCR in April but allowed limited use on a trial basis last month. As per the October 15 order, people were permitted to burst green firecrackers for one hour in the morning (6 am to 7 am) and two hours in the evening (8 pm to 10 pm) on October 19 and Diwali day, October 20.
The same order required the submission of AQI data from October 14 to 25, to assess pollution trends. The data presented in court revealed a steady decline in air quality during that period. On October 15, Delhi’s AQI was 233 (GRAP Stage I), rising to 296 on Diwali eve. On Diwali and subsequent days, AQI readings worsened to 345 (October 20), 351 (October 21), and 353 (October 22).
As per data available with the court, Delhi’s air quality on Sunday, November 2, stood at 366, placing it in the “very poor” category. The previous worst day was October 30, when AQI reached 373. Between October 23 and November 1, the air quality fluctuated between 275 and 309, remaining consistently in the poor-to-very-poor range.
The court also reviewed data on farm fire incidents in Punjab and Haryana, which are a major source of seasonal air pollution in the NCR. The figures showed a drop in stubble burning cases compared to the previous year. Between September 15 and November 1, Punjab recorded 2,084 incidents, down from 3,537 last year, while Haryana reported 118 cases compared to 819 during the same period last year.
The bench directed that CAQM’s affidavit should include specific preventive and emergency measures planned to counter the worsening situation and adjourned the matter for further hearing after the report is filed.
