In Re: Curbing Air Pollution in the National Capital Region – Regulatory and Policy Framework, Air Quality Governance and Other Ancillary Issues

ITEM NO.11 COURT NO.1 SECTION PIL-W

SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

SUO MOTO WRIT PETITION(CIVIL) No(s). 11/2026

IN RE: CURBING AIR POLLUTION IN THE NATIONAL CAPITAL REGION - REGULATORY AND POLICY FRAMEWORK, AIR QUALITY GOVERNANCE AND OTHER ANCILLARY ISSUES
...Petitioner(s)

Date : 06-11-2026 This petition was called on for hearing today.

CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
HON'BLE MRS. JUSTICE V. MOHANA

Ms. Aparajita Singh, Sr. Adv. (A.C.) Ms. Uttara Babbar, Sr. Adv. (A.C.) Ms. Shibani Ghose, Adv. (A.C.)
For Petitioner(s) : By Courts Motion Mr. Onkar Singh, Adv. Ms. Avni Singh, Adv. Ms. Anshika Singh, Adv. Ms. Shreya Singh, Adv. Ms. Sanya, Adv. Mr. Saurabh Singh, Adv. Mr. M.K. Singh, Adv. Mr. Ram Narayan Mohanty, Adv.
For Respondent(s) : Mrs. Aishwarya Bhati, A.S.G. Mr. Gurmeet Singh Makker- 2357, AOR Ms. Prerna Dhall, Adv. Ms. Medha Pushkarna, Adv. Ms. Shivika Mehra, Adv. Ms. Chitrangda Rastrwara, Adv. Ms. Aishwarya Bhati, Sr. Adv. Ms. Jyoti Mendiratta- 1522, AOR Ms. Ananya Basudha, Adv. Ms. Ruchi Kohli, Sr. Adv. Ms. Srishti Mishra- 3929, AOR Mr. Pradeep Misra- 510, AOR Mr. Daleep Dhyani, Adv. Mr. Manoj Kumar Sharma, Adv. Mr. Suraj Singh, Adv. Mr. Anupam Misra, Adv. Mr. Dinesh Jindal, Adv. Mr. Sanjiv Sen, Sr. Adv. Mr. Sanjay Vashishtha, Adv. Mr. Sankey Agarwal, AOR Mr. Prahalad Balaji, Adv. Ms. Jharna Singh, Adv. Mr. Lokesh Sinhal, Sr. AAG Mr. Rahul Khurana, AOR Ms. Bhavya Singla, Adv. Mr. Gurmeet Singh Makker, AOR Ms. T. Geetha, Adv.

UPON hearing the counsel the Court made the following

[NyayVidhan note: this order is recorded in the record of proceedings; there is no separate signed order. Paragraphs 1-11 carry the Court's numbers; the sub-items of paragraphs 7 and 8 are shown on their own lines. The lists of counsel are given on one line each (the Amici Curiae, the petitioner side and the respondent side). The digital-signature block (dated 08.11.2026) and page numbers are left out. The order's own wording is kept as printed.]

[Source: Supreme Court of India, www.sci.gov.in — order dated 6 November 2026.]

O R D E R

1. This Suo Moto Writ Petition has been registered in pursuance of the directions in judgement dated 12.03.2026 passed by this Court in WP (C) No. 13029/1985. In that Writ Petition, this Court was occasioned to deal with various issues concerning the degrading air quality in the National Capital Region (NCR). Vide the above-cited judgment, we recognized that the scope of the proceedings in the said Writ Petition were multi-faceted and required a more contemporary method of addressing the wide variety of concerns raised therein, thus directing the registration of five separate Suo Moto Writ Petitions, each pertaining to a separate aspect of air pollution in NCR. It was also clarified that these newly registered cases would not be the closure of the proceedings in the older Writ Petition, but amount to a re-shaping of the same.

2. Ms. Aishwarya Bhati, learned ASG on behalf of the Union of India and the Commission for Air Quality Management in National Capital Region and Adjoining Areas (CAQM), Ms. Aparajita Singh, Ms. Uttara Babbar, and Ms. Shibani Ghose, learned Amici Curiae, and other Senior Counsel/Counsel for the various parties have, thus, addressed us on the steps taken meanwhile towards curbing the air pollution in Delhi-NCR.

3. Ms. Bhati has highlighted some of the efforts taken by the Union of India as well as the different States/NCT, including, inter alia, the restrictions on vehicular emissions and measures to reduce stubble burning. At the same time, learned Amici Curiae have pointed out that the compliance of previous orders, especially orders dated 21.01.2026 and 23.02.2026, is yet to be properly reported to this Court.

4. Having heard learned Amici Curiae, ASG, and senior counsel/counsel for the parties, it seems to us that substantive consideration by this Court on each of the issues would require that all the States place their submissions on (i) the steps taken by them; (ii) their responses to each of the suggestions of the CAQM and the Amici; and (iii) any action that they independently propose to take moving forward. We thus grant the States two weeks’ time to place on record their submissions.

5. During the course of proceedings, we were also apprised by the learned Amici Curiae, who placed before this Bench a graphical representation depicting the status of compliance with the Graded Response Action Plan (GRAP) for the period between 21.10.2026 and 03.11.2026. The data so presented indicates a substantial decline in incidents of stubble burning across Delhi and the States of Uttar Pradesh, Haryana and Rajasthan. While this development is certainly laudable, the same data also brings to the fore a converse and equally pressing concern, namely, the sharp increase in issues attributable to vehicular emissions.

6. It must be borne in mind that Delhi and the National Capital Region (NCR), by virtue of their geographical and economic interconnectedness, bear the cumulative burden of vehicular traffic originating not merely within their own boundaries but also from the neighbouring States of Uttar Pradesh, Haryana and Rajasthan. The situation is further compounded by the substantial volume of both commercial and non-commercial vehicles entering and plying within the city from different parts of the region, thereby adding to the existing vehicular emission load.

7. There can be little doubt that the issue warrants urgent and immediate intervention. Accordingly, we direct the Municipal Corporation of Delhi (MCD), the Government of NCT of Delhi (GNCTD), the Delhi Police (Traffic Department), as well as the States of Haryana, Rajasthan and Uttar Pradesh, to file their respective detailed responses before the next date of hearing, specifically addressing the following aspects:
(i) The existing regulatory framework and enforcement mechanisms governing the entry and plying of commercial and non-commercial vehicles within Delhi and the National Capital Region, particularly those originating from neighbouring States;
(ii) The measures presently in place to identify, monitor and regulate vehicles that do not conform to the prescribed emission standards, including the enforcement of Pollution Under Control (PUC) certification requirements;
(iii) The steps taken to prevent the entry and operation of over-age, end-of-life, or otherwise non-compliant vehicles within the National Capital Region;
(iv) The enforcement measures undertaken against violations, including the number of vehicles inspected, challaned, denied entry or otherwise proceeded against during the relevant period;
(v) The coordination mechanisms between the authorities of Delhi and the neighbouring States for regulating inter-State vehicular movement and ensuring compliance with applicable emission norms; and
(vi) Any further short-term and long-term measures proposed or contemplated to mitigate vehicular emissions and reduce their contribution to the deteriorating air quality in Delhi and the National Capital Region.
The respective authorities shall also indicate the specific measures proposed to strengthen the existing enforcement mechanisms, together with a time-bound roadmap for their implementation.

8. In the interest of giving adequate and full attention to each facet of the larger matter, we direct the Registry to list the following cases on the date indicated:
(i) SMW (C) No.12/2026 (Vehicular Emissions and Pollution)- 23.11.2026.
(ii) SMW (C) No.13/2026 (Conservation and Enhancement of Green Cover)- 30.11.2026.
(iii) SMW (C) No.14/2026 (Pollution by Construction Activities, Power Plants, and Other Industries)- 26.11.2026.
(iv) SMW (C) No.15/2026 (Solid Waste Management and Burning of Crop Residue and Firecrackers)- 25.11.2026.

9. The learned Amici are requested to file their short notes, apart from any lengthier written submissions, at least two days prior to the date of hearing of the respective issue(s) so as to enable the parties to address this Court on the various concerns that are raised therein.

10. The Registry shall ensure that Paragraph 19 of the judgment dated 12.03.2026 is duly complied with and the instant Suo Moto Writ Petition shall be treated as the lead matter, to be listed on each of the above dates.

11. In the course of hearing, the learned Amici Curiae have requested that Ms. Shibani Ghose be recorded as the ‘filing Amicus’, so that she is able to file the relevant documents through the e-filing portal. The Registry is directed to do the needful and allow the learned Amici to e-file their documents through an appropriate mechanism.

(NITIN TALREJA) ASTT. REGISTRAR-cum-PS
(PREETHI DILEEP KUMAR) DY. REGISTRAR