Air Pollution Case: CJI Surya Kant to pass 'effective' orders
SC was recently informed that many air monitoring stations across the capital were not functioning.
The Chief Justice of India Surya Kant today said that orders would be passed in the air pollution case that can be complied with by all the stakeholders. This observation came from the CJI when the issue was mentioned before his bench by Senior Advocate and Amicus Curiae Aparajita Singh.
"Even after orders from this court, schools are conducting sporting activities..CAQM is citing orders of this Court..", Singh told the bench.
Hearing this the bench also comprising Justices Joymalya Bagchi and Vipul M Pancholi said, "We have to pass orders that can be complied with..we will take this up on Wednesday..".
Court noted that the burden of pollution disproportionately affects the poor, while the problem largely arises from the practices of the affluent class. CJI further stated, “We will only pass orders which are effective. There are certain directions which cannot be enforced.”
Recently, Supreme Court has questioned whether stubble burning is the sole reason for the Delhi air pollution crisis. CJI Surya Kant and Justice Joymalya Bagchi's bench noted that it is easy to blame farmers who engage in stubble burning when they are not represented before the Court.
Additional Solicitor General Aishwarya Bhati had told the Court that Commission for Air Quality Management (CAQM) in Delhi and adjoining areas has prepared action plans to tackle pollution in these places. She added that stubble burning, vehicular pollution, construction dust, road dust, and biomass burning have been named as contributors to pollution. "We don't want to comment on stubble burning as it's easy to pass off burden on those who are hardly represented before us," the bench had said in response.
"We want to see the long term and short term plan and we will keep taking the case up. None of the cities of the country were developed to accommodate this scale of population or with the thought that each home will have multiple cars," CJI Kant had thus ordered.
As the Delhi pollution case was mentioned earlier before Chief Justice of India's bench, the CJI said that court “does not have a magic wand” to instantly find solutions for the Delhi-NCR’s air pollution. Agreeing to review the condition on a regular basis a CJI Surya Kant led bench had listed the matter for December 1 and said, "We will take up the matter. We don't have a magic wand which courts can use to find quick solutions on this. The problems we have identified, their solutions are what we need. We will have to identify all the reasons,".
Former CJI BR Gavai had directed that the pollution case shall be taken up on a monthly basis by the Supreme Court where action taken reports shall be submitted before it by the government authorities. Recently, the Supreme Court had also 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.
Case Title: MC Mehta vs. Union of India
Bench: CJI Kant, Justice Bagchi and Justice Pancholi
Mentioning Date: December 15, 2025