Court Orders on Air Pollution Control Measures
- ByAdmin --
- 02 May 2025 --
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Air pollution has emerged as a critical health and environmental crisis in India.
Over the past decade, Indian courts — particularly the Supreme Court and the National Green Tribunal (NGT) — have issued several strong directives to control and mitigate air pollution, especially in urban centers like Delhi-NCR.
Legal Framework Involved
- Air (Prevention and Control of Pollution) Act, 1981:
- The primary legislation for preventing, controlling, and abating air pollution.
- The primary legislation for preventing, controlling, and abating air pollution.
- Environment (Protection) Act, 1986:
- Provides broad powers to the central government for environmental protection, including air quality regulation.
- Provides broad powers to the central government for environmental protection, including air quality regulation.
- Constitution of India:
- Article 21: Right to life includes the right to a healthy environment.
- Article 48A: Mandates the State to protect and improve the environment.
- Article 51A(g): Imposes a duty on citizens to protect the natural environment.
Major Court Orders on Air Pollution
1. M.C. Mehta v. Union of India (Delhi Air Pollution Cases)
- The Supreme Court directed the conversion of all commercial vehicles in Delhi to CNG.
- Banned overaged commercial vehicles and restricted industrial activities contributing to air pollution.
- Led to the creation of the Environment Pollution (Prevention and Control) Authority (EPCA) under Section 3 of the Environment Protection Act, 1986.
2. Ban on Firecrackers
- The Supreme Court in 2018 restricted the sale and use of traditional firecrackers.
- Introduced the concept of "green crackers" to reduce emissions.
- Time slots for bursting crackers were strictly regulated.
3. Stubble Burning Crisis
- In 2020, the Supreme Court took suo motu cognizance of stubble burning in Punjab, Haryana, and Uttar Pradesh.
- Directed state governments to take immediate action to curb farm fires.
- Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 was enacted as a response.
4. Odd-Even Scheme Validation
- The Delhi government’s odd-even vehicle scheme was challenged but upheld by courts as a reasonable restriction under Article 19(2) of the Constitution to control air pollution.
Key Directives by the National Green Tribunal (NGT)
- Closure of Polluting Industries:
- NGT has regularly ordered closure or heavy fines on industries operating without valid consent under the Air Act.
- NGT has regularly ordered closure or heavy fines on industries operating without valid consent under the Air Act.
- Dust Control Measures:
- Construction sites must implement dust suppression measures.
- Construction sites must implement dust suppression measures.
- Ban on Diesel Vehicles:
- Diesel vehicles over 10 years old were banned in Delhi-NCR.
- Diesel vehicles over 10 years old were banned in Delhi-NCR.
- Penalty for Waste Burning:
- Open burning of waste materials like plastic and rubber is strictly prohibited.
Challenges in Implementation
1. Lack of Coordination
- Despite multiple court directives, poor coordination between central, state, and local authorities hampers enforcement.
2. Weak Monitoring Mechanisms
- Real-time monitoring of air quality measures is still inconsistent across many cities.
3. Public Non-Compliance
- Despite awareness campaigns, public compliance with restrictions (like burning waste or excessive vehicle use) remains low.
Recent Developments
- Graded Response Action Plan (GRAP):
- Implemented seasonally in Delhi-NCR based on pollution levels.
- Implemented seasonally in Delhi-NCR based on pollution levels.
- Commission for Air Quality Management:
- Established in 2021 for better coordination and implementation of pollution control measures in NCR and adjoining areas.
- Established in 2021 for better coordination and implementation of pollution control measures in NCR and adjoining areas.
- Push for Electric Vehicles (EVs):
- Courts have encouraged both governments and private sectors to shift towards EVs to reduce vehicular emissions.
Conclusion
The judiciary has played a proactive and powerful role in pushing governments and citizens towards better air quality standards.
However, strong legal orders must be matched by effective, on-ground implementation to achieve lasting improvements.
Protecting the fundamental right to a clean environment requires not just judicial activism but also administrative efficiency and public participation.
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