CAQM pulled up for delay in finding solutions to improve AQI.
NGT seeks MoEFCC clarification on status of environmental health committee and working group.
NGT directs GNCTD and DJB to respond on sealed Paharganj hotel borewells.
The Supreme Court (SC) January 6, 2026 said that it is high time the Commission for Air Quality Management (CAQM) realised that inordinate delay in finding out solutions to worsening Air Quality Index (AQI) will lead to further complications.
The SC issued directions to the CAQM that included meeting experts shortlisted by CAQM within two weeks and based upon the deliberations, a report regarding the major causes of worsening AQI be brought on record as well as in the public domain. Such an exercise should be completed before the next date of hearing, January 21, 2026.
Meanwhile, the CAQM would start considering the long-term solutions to be introduced in a phased manner. The catalysts that are causing the most pollution must be addressed on a priority basis. Let a further status report in terms of the above be filed. CAQM should also consider the issue of toll plaza, "uninfluenced of the stand taken before us by different stakeholders", the apex court advised.
The bench comprising Supreme Court Chief Justice Surya Kant and Justice Joymalya Bagchi issued directions "to identify the causes as well as their longterm solutions".
The Amicus Curiae has highlighted issues like vehicular pollution with the suggestion that to curb and minimise the vehicular pollution, steps like transition to electric vehicles, push for public transport, payment to higher ECC, improved enforcement like Automatic Number Plate Recognition (ANPR) / parking policy and lastly a cleaner freight movement.
On air quality governance, suggestions like transition to airshed level governance; vacancies in regulatory agencies; monitoring and data accuracy; and transparency and improved enforcement, have been recommended by the Amicus Curiae. Suggestion was given that power plants be directed to comply with applicable standards and shifting goalposts.
For industrial pollution, solutions like fuel transition and emission standards have been suggested. On the point of waste management, the Amicus Curiae has suggested compliance with the Solid Waste Management Rules of 2016, issues of landfill management and pollution caused by Waste-to Energy plans. The report also highlighted issues like road and construction dust, firecrackers and crop residue burning.
The CAQM being the statutory expert body, is firstly obligated to bring certain domain experts under one umbrella and seek an uniform/unanimous opinion for the identification of the causes for worsening AQI. Such an exercise is not expected to take much time, given that expert bodies such as IIT or other agencies are stated to have already undertaken the requisite exercise.
It is only the sharing of reasons and collation of data that can enable CAQM to form a broad idea about the real causes and the proportional attribution to each cause, the SC said.
Reasons should be brought into the public domain with a citizen-centric approach so that people know them and can share suggestions, if any. Some of the reasons are bound to be attributable to the residents of the NCR, and if such reasons are also brought into the public domain through a public awareness campaign, it is quite possible that they can be effectively addressed by the citizens themselves, the judges said.
After identifying the real causes, CAQM must take them up one by one and explain the long-term plans, as suggested by the Amicus Curiae. There cannot be a single decision like the introduction of electric vehicles without first examining the consequences that may fall upon the public and the public exchequer. However, with a long-term plan, better alternatives can be considered and implemented in a phased manner.
The SC mentioned the report brought out by the Commission for Air Quality Management (CAQM) in July 2022, according to which, the following were the emission sectors identified by domain experts - transport, industrial stack, industrial area (power plants), domestic burning, solid waste burning, road dust, construction/demolition, hotels/restaurants and others.
The report revealed that expert bodies were at variance insofar as the proportionate contribution of each of these sources in worsening the AQI in Delhi NCR. For instance, transport, as an emission sector, was attributed to 12 per cent to 41 per cent by different experts. The policy also enlisted the measures that have been taken from time to time to tackle the depleting AQI in Delhi NCR. However, the AQI issue in the region nevertheless remains persistent, if not aggravated, the court said.
The SC had been taking up the matter from time to time, and based upon the reports / advice / opinion of different experts as well as Amicus Curiae, certain directions were also issued. It was in that context and after taking notice of the worsening condition of AQI in the NCR region that the statutory expert body, namely, CAQM, was asked to revisit some long-term measures to address the issues highlighted in SC order, December 17, 2025.
In the SC order, additional issues like temporary suspension of the nine Municipal Corporation of Delhi (MCD) toll plazas in Delhi, as suggested by the National Highways Authority of India, were also highlighted, and a response from the concerned quarters was sought.
"As usual, MCD, instead of coming up with any viable solution, has filed an affidavit defending the toll plazas as an important source of its revenue and taking all possible pleas to allow it to continue," pointed out SC.
The Gurugram Metropolitan Development Authority (GMDA) has moved an application seeking direction to the MCD to apportion 50 per cent of the Environment Compensation Charge (ECC) generated at Rajokri Toll Plaza (NH-48) and at Sihol village, Gurugram. GMDA has given its own justification for the apportionment of the toll collection.
CAQM, on the other hand, instead of bringing any concrete plan or proposal for some visible long-term remedial measures, has given a status note which, unfortunately, appears to be silent on most of the issues raised by the Supreme Court or the note filed by the Amicus Curiae, noted the SC. CAQM appears to be in no hurry either in identifying the definite causes of worsening AQI or a long-term solution thereof said SC.
NGT January 7, 2026 took up the matter of air pollution affecting health. Throughout the hearings, the Amicus Curiae mentioned the annexure submitted with the response from the University Ministry of Environment, Forest and Climate Change (MoEFCC) on December 18, 2023, and notified the court that a top-level environmental health committee was established on October 13, 2016. Additionally, the court was informed that the Working Group on Environmental Health was formed on the same date.
The NGT directed the MoEFCC to clarify if the committee on environmental health and working group are still operating / reconstituted again and the minutes of the meeting of the apex committee and the working group be placed on record. Counsel appearing for the MoEFCC sought time to obtain instructions in the matter.
The court was informed that other matters concerning the air pollution are coming up on January 20, 2026 and the court directed that the matter should also be listed on the same day.
The Government of the National Capital Territory of Delhi (GNCTD) and the Delhi Jal Board (DJB) was directed by the NGT, January 7, 2026 to file their reply on the sealing of borewells of four hotels / guest houses in Paharganj.
Counsel for the applicant submitted that the borewells of the four hotels were sealed and then NOC was obtained by the hotels, but the borewells have not been desealed.
The applicant has asked for directions to GNCTD / district magistrate, central district, Delhi to de-seal the borewells of the hotels/guest houses.