SC calls for CAQM, CPCB report on steps to prevent Delhi air quality from worsening

The Supreme Court has today 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.

A bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran was hearing the MC Mehta case while it was informed that many air monitoring stations across the capital were not functioning.

Senior Advocate Aparajita Singh 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.

Solicitor General Tushar Mehta had earlier told the bench that Delhi is home to people from diverse communities who celebrate at different times of the day. SG Mehta had further urged court to permit bursting of green firecrackers in Delhi-NCR on occasions like Diwali, Guru Purab and Christmas without any restrictions on the timing. On a query posed by CJI if pollution in 2018 was much less as compared to 2024, SG Tushar Mehta had responded saying, "In Covid period it came down ..else it remained the same. There is nothing on record to show that it is because of the firecrackers. I urge that there is no restriction for firecrackers. If there is a two hour timing .... One hour goes in persuading parents only! We all were children!".

Previously, the Supreme Court had permitted certified manufacturers of green crackers; those approved by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO), to produce such crackers in Delhi-NCR, on the condition that they would not be sold within the region. The Central government had also been directed to consult all stakeholders, including the Delhi government, manufacturers, and sellers, and present before court a balanced policy on the next hearing. With a view to balance economic interests with public health, the bench had said that an outright ban would lead to unintended consequences. Senior Advocate K Parameshwar, appearing for manufacturers, had told the Bench that they would adhere to stringent environmental and safety norms, as per the 2018 decision in Arjun Gopal judgment. Thus, while allowing manufacture, the bench has upheld the ban on sale in Delhi-NCR.

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 BR Gavai and Justice K. Vinod Chandran

Hearing Date: November 3, 2025