PIL In Calcutta High Court Flags 'Hazardous' AQI In Kolkata; Seek GRAP, Urgent State Action To Protect Right To Clean Air

A Public Interest Litigation has been filed before the Calcutta High Court by Advocate Akash Sharma, a practising advocate of the Court, highlighting the continuing and recurring deterioration of air quality in the Kolkata–Howrah metropolitan region and seeking urgent, enforceable intervention by the State.

The PIL records that as on 02.01.2026, real-time Air Quality Index (AQI) data showed Kolkata in the “very poor to hazardous” range (approximately AQI 330–350), while Delhi recorded around AQI 200 (“severe”) and Mumbai around AQI 220, underscoring that Kolkata's air quality was among the worst in the country on the same day.

The petition further discloses that the petitioner had submitted a detailed representation dated 12 November 2025 to the Chief Secretary, Government of West Bengal, the Chairman, West Bengal Pollution Control Board (WBPCB), and the Principal Secretary, Department of Environment, warning of predictable winter pollution and seeking a structured Graded Response Action Plan (GRAP). In response, the WBPCB, by email dated 18 November 2025, stated that it was “undergoing research and preliminary testing for implementing a software-based GRAP”, without notifying any time-bound or legally enforceable measures.

The PIL contends that the subsequent and well-documented worsening of air quality throughout December 2025 demonstrates that the apprehensions raised were well-founded and remained unaddressed.

The petition seeks recognition of recurrent “very poor”, “severe” and “hazardous” AQI levels as a public health emergency, notification of a GRAP for Kolkata–Howrah, constitution of an expert airshed task force, strict prohibition of open waste burning with municipal accountability, comprehensive industrial pollution audits and continuous emission monitoring, time-bound control of vehicular emissions including phased scrappage of high-emission vehicles, regulation of inter-State diesel buses, and binding public health advisories for high-AQI days with mandatory precautions for schools and hospitals.

The PIL clarifies that it does not seek policy substitution, but limited judicial directions to ensure effective enforcement of existing environmental laws and protection of the fundamental right to clean air under Articles 21 and 47 of the Constitution of India.

The matter is likely to be listed before the Court next week.