Delhi High Court Suggests Litigant To Approach Supreme Court For Air Quality Measures, Cites Pending Matters

The Delhi High Court on Wednesday advised a litigant to approach the Supreme Court for seeking urgent measures to control and reduce the air pollution levels and Air Quality Index (AQI) in the national capital.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela noted that the Apex Court has been monitoring the issue pertaining to the air quality in Delhi and has passed various orders as well. The Court was hearing a plea filed by Greater Kailash-II Welfare Association, through its General Secretary- Sanjay Rana, through Advocate Udian Sharma.“A similar matter is pending before the Supreme Court and the situation in and around Delhi is being monitored here. Tell us, why should we entertain this?” CJ told the petitioner's counsel. The Bench remarked that while it was not saying that the writ petition cannot be entertained, but the litigant was being advised to seek impleadment before the Supreme Court to avoid plurality of proceedings. Delhi Government's standing counsel told the Court that the concerns and issues raised in the petition are engaging attention of the Supreme Court and that on November 19 itself, order has been passed regarding air quality of Delhi. He said that the petition, if entertained, may amount to plurality of proceedings on the same issue which may not be appropriate. The petitioner counsel attempted to distinguish the issues raised in the petition and the issues pending before the Supreme Court. Perusing the orders of the Apex Court, the Court said that the issues being raised in the petition are already under consideration by Supreme Court which are in relation to degradation of air quality in Delhi. “We are of the prima facie view that instead of instituting proceedings of this writ petition, the petitioner association could better seek intervention before the Supreme Court,” the Court said. The petitioner counsel said that he will seek intervention before the Supreme Court or shall seek clarification as to whether the High Court can proceed with the petition. Accordingly, the Court adjourned the matter to January07, 2026.The petition states that even though the authorities issued for invocation of Stage III measures when the AQI level had already reached the 'hazardous' category, they failed to secure timely and effective enforcement of the prescribed steps, allowing the aggravated situation to persist unabated.“That such belated and cosmetic action, without any real or substantial on-ground measures till date, has resulted only in further delay, recklessly endangering the lives and health of the people and demonstrating a complete disregard for the seriousness of the present public health emergency,” the plea states.It adds that such a situation is not an isolated or one-off occurrence but a “recurring, seasonal and now almost chronic phenomenon,” resulting in a continuous assault on the lungs and health of the residents of Delhi.The plea seeks effective enforcement of existing measures, including but not limited to GRAP, for controlling air pollution, particularly in respect of construction and demolition dust, road dust, vehicular emissions, industrial emissions and open burning of waste.It further seeks preparation of a Comprehensive Clean Air Action Plan for Delhi, containing sector-wise emission inventories, specific time-bound targets for reduction of air pollution and improvement in AQI, clear allocation of responsibilities to each department, and a robust monitoring framework.The plea also seeks constitution of a unified nodal authority for coordination mechanism with clearly defined statutory powers for planning, implementation and monitoring of measures for air pollution control in Delhi, with provision for citizen participation and transparent public disclosure of AQI.Title: Greater Kailash-II Welfare Association Through its General Secretary: Mr. Sanjay Rana v. Government of NCT of Delhi & Ors Citation: 2025 LiveLaw (Del) 1659

Delhi High Court Suggests Litigant To Approach Supreme Court For Air Quality Measures, Cites Pending Matters

Nupur Thapliyal

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