Pollution Case: ‘Lung Cancer Is Killing More Than Terror Attacks’, Sr Adv Gopal Sankaranarayanan in SC

The Supreme Court today was told in the air pollution matter that construction activity in the Delhi NCR region should have stopped six months ago.

Senior Advocate Gopal Sankaranarayanan told a CJI Gavai led bench that, "When we react to 7 people losing lives in terrorist attack, lung cancer millions are losing their lives..it has become an emergent issue now..construction should have stopped six months ago..GRAP should be triggered the minute AQI crosses 100..".

As the court heard the issue of stubble burning in the states of Punjab and Haryana, it was told that the money issue is not the solution as different governments have been there is Punjab and Delhi which keep blaming each other. "The paddy in Punjab and Haryana should be harvested earlier..the measures of AQI that we have in India, the limits that we set are much higher..so you give yourself huge time till you can pollute..", the senior lawyer further told the bench.

Last week, Senior Advocate and Amicus Curiae Aparajita Singh had told the bench that farmers were told to burn their crops after a particular time so that the satellites don't catch images. To this the CJI asked, "Are all farmers deciding a particular time to burn their crops?". The bench went on to question as to who was directing the farmers to burn the crops after a particular time.

Responding to this the amicus said, the administration was directing them. She also referred to a report from India Today which had interviewed farmers and posted their responses on being asked to burn crops after a particular time. The amicus asked that CAQM may analyze the same and submit its response on the issue.

Recently, the Supreme Court had called for a report from Commission for Air Quality Management (CAQM) and the Central Pollution Control Board on the steps taken to prevent the pollution from worsening further. Senior Advocate Aparajita Singh had informed the bench that newspapers had reported that many monitoring stations are non-functional. "If the monitoring stations are not even functioning, we don't even know when to implement GRAP, that is the severe situation milords", Singh added. ASG Aishwarya Bhatti told the bench that the requisite reports would be filed.

On October 15, the Supreme Court of India had allowed the sale and bursting of green crackers across Delhi NCR between October 18 to 21st and had laid down time frames wherein the crackers would be burst at designated places. Central Pollution Control Board and the State Pollution Control Board had been directed to monitor the AQI from 18th October and file a report before the Court.

It is to be noted that court had suggested a nationwide ban on firecrackers ahead of Diwali and not just the National Capital Region. "If firecrackers are to be banned, they should be banned throughout the country..", Chief Justice of India BR Gavai remarked while hearing the MC Mehta case. “If cities in NCR are entitled to clean air, why not people of other cities? Whatever policy has to be there, it has to be on a pan-India basis. We can’t have a policy just for Delhi because they’re elite citizens of the country. I was there in Amritsar in winter last year, and there the pollution was worse", CJI had added.

Case Title: MC Mehta vs. Union of India

Bench: CJI, Justices Chandran and Anjaria

Hearing Date: November 17, 2025