Supreme Court slams government over pollution: Are power plant extensions a ‘license to pollute’?
In light of the air pollution crisis in Delhi-NCR, the Supreme Court on January 27, 2025, voiced its dissatisfaction and concern regarding the government's decision to provide power plants with an additional three-year extension to meet statutory emission standards for sulphur dioxide (SO2) and other pollutants.
On December 30, 2024, the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) issued a notification extending the deadline for thermal power plants (TPP) to meet SO2 emission standards. The ministry has prolonged the timeframe for the installation of flue gas desulfurisation (FGD) systems in TPPs.
The session, which is a segment of the continuous MC Mehta vs Union of India litigation, concentrated on the adherence of power plants to the emission control standards set by the Environment (Protection) Rules, 1986.
The court was referring to the Environment (Protection) Rules, 1986, specifically Schedule I which lists standards for the emission or discharge of environmental pollutants. Item No. 25 of Schedule I divides thermal power plants into three categories based on their installation date:
• Units installed before December 31, 2002
• Units installed between January 1, 2003 and December 31, 2016
• Units installed from January 1, 2017
During the latest hearing, the amicus curiae Senior Advocate Aparajita Singh informed the Court that thermal power plants account for “eight per cent of the pollution” in the Delhi-NCR region. Emphasising the need for adherence to emission norms under the Environment Protection Rules, 1986, she highlighted that compliance has been repeatedly postponed due to extensions granted by the Ministry of Environment.
She argued that this has allowed polluting plants to continue their operations. On this Justice Oka said “If these timelines have to be extended, it gives a license to them to create pollution”.
Singh informed the court that there are 11 coal-based thermal plants near NCR, with four classified as Category A and seven as Category C. These plants were initially required to meet emission norms by 2022, but delays caused by the COVID-19 pandemic led to extensions. Separate timelines were also established for "retiring" and "non-retiring" units. During the proceedings, Justice Oka questioned whether a formal definition existed for "non-retiring units." Unsatisfied with the responses, he directed the Union government to clarify the definitions of "retiring" and "non-retiring" units in a detailed reply.
Justice Oka also directed the Union of India to classify the 11 thermal plants into “retiring” and “non-retiring” units, emphasizing Category A. Highlighting concerns over the repeated extensions of deadlines, he instructed the Commission for Air Quality Management (CAQM) to develop and propose interim norms for these plants to adhere to until the new deadlines take effect. Additionally, the CAQM was tasked with consulting the Ministry of Power and the Ministry of Environment and Forests, with their recommendations to be submitted within one month.
Retiring plants
According to a note from the Central Electricity Authority, thermal power plants that have been operational for 25 years or more should be retired. However, the decommissioning of these plants is typically determined by factors such as aging infrastructure, high emissions, inefficiency and the transition to cleaner energy sources.
Given the ongoing air pollution crisis in Delhi-NCR, old power plants that unable to implement appropriate emission control measures must be phased out.
CAQM actions on Thermal power plants in Delhi-NCR
• The Commission for Air Quality Management (CAQM) in National Capital Region and adjoining areas, through direction number 65 dated June 23, 2022. mandated that all thermal power plants in Delhi NCR must use low sulphur coal and comply with the emission standards as stipulated in the MOEF&CC notification dated December 7, 2015, along with its subsequent amendments and directives.
• On September 17, 2021, CAQM directed all thermal power plants within a 300 km radius of Delhi to co-fire biomass pellets with coal in a proportion of 5-10 per cent.
Despite these mandates, no thermal power plant has achieved the minimum 5 per cent biomass co-firing target. As per the latest data dated December 31, 2024, only Apraava Jhajjar has reached 4.12 per cent, while nine out of 11 plants in Delhi-NCR are co-firing below 3 per cent.
Extension of deadline
MOEF&CC should refrain from granting any further extensions to thermal power plants located in the NCR region beyond 2027.
"The continuous extensions granted to thermal power plants have set a troubling precedent, enabling polluting plants to operate without accountability. The air quality crisis in Delhi-NCR requires urgent intervention. The Union Ministry of Power must take decisive action to ensure the implementation of FGD systems in Category A plants in Delhi-NCR, where air quality is among the worst in the nation. Once these critical plants are addressed, efforts can be expanded to include regions in Category B and C," said Nivit Kumar Yadav, programme director, industry and renewable energy at the Centre for Science and Environment.
Delhi’s air pollution, already a crisis, could not afford further delays. The Supreme Court made it clear that on March 7, 2025 at 2 pm, the matter would be revisited. By then, the government was expected to submit its response on whether these power plants would take decisive action — or face stricter legal consequences.