The Supreme Court, on November 3, 2025, issued a clear directive to the Commission for Air Quality Management (CAQM). The court demanded an affidavit outlining all measures undertaken to date to prevent the worsening air pollution crisis in the Delhi-National Capital Region (NCR).
During the ongoing M.C. Mehta case, a bench led by Chief Justice B.R. Gavai and Justice K. Vinod Chandran emphasized that authorities must adopt a proactive stance. They stressed the importance of implementing preventive actions rather than reacting only after pollution levels escalate to “severe” categories.
Senior advocate Aparajita Singh, serving as amicus curiae, brought to the court’s attention alarming media reports. These reports highlighted that numerous air quality monitoring stations across Delhi were non-operational during the recent Diwali festivities.
“Newspapers are filled with reports of non-functional monitoring stations,” Singh stated, expressing concern. “If these stations aren’t working, how can we even determine the right time to implement the Graded Response Action Plan (GRAP)? On Diwali alone, a mere nine out of 37 monitoring stations were continuously operational.”
She strongly urged the bench to ensure that the CAQM provides transparent data and a comprehensive action plan without delay.
Singh reminded the court that previous orders clearly stipulated the need for pre-emptive measures, not just reactive responses once pollution levels had already escalated.
In its official order, the Bench unequivocally stated, “The CAQM must submit an affidavit detailing the specific steps it plans to undertake to prevent air pollution from reaching severe levels.”
The counsel representing the CAQM clarified that the responsibility for data monitoring primarily rests with the Central Pollution Control Board.
Nevertheless, Additional Solicitor General Aishwarya Bhati reassured the bench that all relevant agencies would submit the mandated report.
Previously, on October 15, the Chief Justice-led bench had allowed the sale and use of “green” firecrackers in Delhi-NCR for Diwali. This decision came with specific conditions, carefully balancing traditional celebrations with crucial environmental and public health considerations.
The court had explicitly restricted the use of these green crackers to designated hours on Diwali and the day preceding it. Their sale was permitted only between October 18 and 20.
Furthermore, the court clarified that this relaxation was strictly a “test case” and applied exclusively to the specified period.
Notably, the bench had also instructed: “The Central Pollution Control Board, in collaboration with State Pollution Control Boards and their regional offices in NCR districts, is to monitor the Air Quality Index (AQI) within their jurisdictions from October 14 to October 25. A comprehensive report, detailing the daily air quality for this period, must be submitted to this court.”
The bench further added that “alongside air quality monitoring, the Regional Offices of the State Pollution Control Boards must also collect sand and water samples from areas with higher usage density for thorough analysis.”