New Delhi Faces Persistent Pollution Crisis Despite Court Orders

The Supreme Court (SC) has expressed its concern over the persistent air pollution crisis in Delhi-NCR, acknowledging that previous judicial interventions have had limited success in improving the region's air quality. During a recent hearing, the SC admitted it does not possess a "magic wand" to eliminate the noxious air. The court noted that authorities have failed to implement a series of past orders aimed at curbing pollution.

Senior advocate Aparajita Singh, serving as amicus curiae in air pollution cases, informed a bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi that pollution levels remain largely unaffected due to the non-implementation of the apex court's directives. Singh requested an early listing of petitions focused on curbing air pollution, which she described as a "health emergency" in the region.

CJI Kant, who had previously voiced his discomfort due to the toxic air, questioned the judiciary's ability to single-handedly resolve the issue. He suggested that by the time the court hears arguments and issues orders, favorable airflow often improves air quality, rendering the directions ineffective. The CJI agreed on the need for long-term solutions and coordinated efforts throughout the year. The bench has scheduled a hearing for December 1st to further address the issue.

The Supreme Court has emphasized that resolving the worsening air pollution in Delhi-NCR requires intervention from domain experts and scientists, not just judicial orders. According to the Central Pollution Control Board (CPCB), Delhi recorded an average Air Quality Index (AQI) of 327 in the last 24 hours, which falls in the "very poor" category. CPCB norms classify AQI levels between 301 and 400 as "very poor" and 401 to 500 as "severe".

CJI Kant shared his personal experience, stating that even his routine of walking has become difficult due to the air quality. He expressed considering moving Supreme Court hearings to a fully virtual mode after consulting with the Bar.

The court has also made it clear that the problem of air pollution is multifaceted, and it is wrong to put the blame solely on farm fires. The SC has directed continuous monitoring of the air quality situation in Delhi-NCR. The court stressed the need for expert-led, multifaceted strategies to combat the persistent air quality crisis in the region. It also acknowledged that the situation in each region is different, and therefore, appropriate measures are necessary for each region. The court has emphasized long-term solutions rather than the blanket implementation of emergency measures such as the Graded Response Action Plan (GRAP).

The Supreme Court had previously granted the Commission for Air Quality Management (CAQM) the authority to take "any proactive measure" to curb air pollution in Delhi-NCR.