Calcutta High Court Initiates Suo Moto PIL Over 'Hazardous' AQI In Kolkata, Issues Notice To State

The Calcutta High Court on Monday (January 19) initiated a suo moto PIL concerning 'hazardous' air quality in Kolkata.

The matter will be heard along with a PIL filed by Advocate Akash Sharma, highlighting the continuing and recurring deterioration of air quality in the Kolkata–Howrah metropolitan region and seeking urgent, enforceable intervention by the State.

Last week Sharma had highlighted that as on January 2, 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. Following this, the suo moto PIL was also initiated.

Today, the division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen directed;

"This matter is taken up, along with the suo moto petition WPA 5 of 2026. Issue notice to the respondents by directing them to file their reply on or before 28 February 2026. Reply in affidavit if any may be filed within 2 weeks. List thereafter".

Sharma contended that since December 2025, the air-quality has been worsening, but the issues remained unaddressed.

The petition, thus, sought 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 also clarified 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.

Case Title: WPA(P)/1/2026 Akash Sharma v State of West Bengal and WPA(P)/5/2026 The Hon'ble High Court in its own motion (In re Air Quality)