The Supreme Court completed its hearing on Delhi’s severe air pollution crisis, calling for a long-term national strategy instead of temporary bans. The Bench noted alarming health impacts and directed Punjab and Haryana to strictly implement anti-stubble measures.
New Delhi: The Supreme Court of India completed its hearing on the rising air pollution crisis in Delhi NCR in the long-running case. This PIL, filed decades ago by environmentalist M.C. Mehta, continues to guide the Court’s intervention on Delhi’s pollution emergency.
The matter was heard by Chief Justice B.R. Gavai, Justice N.V. Anjaria and Justice K. Vinod Chandran, who listened to the Centre, states, the Amicus Curiae, and senior lawyers before passing detailed directions.
During the hearing, Senior Advocate Aparajita Singh, the Amicus Curiae, explained why stubble burning still happens.
She said farmers in Punjab and Haryana have very limited time between cutting the paddy crop and preparing the field for the next one, which is why burning remains the fastest method.
She told the Court that machines have been distributed since 2018 to help farmers handle the stubble but compensation from the Centre would make a bigger difference.
She said:
“The problem of stubble burning has persisted because farmers have very little time between harvesting paddy and preparing for the next crop, so burning became the quickest method. We had therefore recommended providing machinery to help them manage residue, and such equipment has been supplied since 2018. Punjab has now stated that if the Centre gives farmers a compensation of Rs 100 per quintal, the issue can be addressed more effectively.”
Appearing for the Union Government, ASG Aishwarya Bhati informed the Court that the Centre, with assistance from ISRO, is monitoring the burnt areas using satellite-based protocols.
She stated:
“We have created a protocol, with ISRO’s assistance, that will help determine the extent of the areas where stubble has been burned.”
The Amicus further pointed out that Delhi’s internal pollution problem adds to the crisis every year when the winds bring smoke from neighbouring states.
She said:
“There is a lot which has been done by 2018 till now. The problem is Delhi itself is polluted by vehicles and when this comes in it becomes an issue. It depends on the winds and temperature.”
Senior Advocate Gopal Sankaranarayanan emphasised that stubble burning should be timed in a way that avoids the period when winds blow towards Delhi.
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He suggested that Punjab and Haryana shift their paddy sowing cycle by two months, a method that worked in California and Beijing. He also compared India’s air quality limits with global standards and raised serious concerns about the medical condition of children in Delhi.
He said:
“The key is timing stubble burning should avoid the period when winds blow towards Delhi. The real solution is for Punjab and Haryana to shift the paddy sowing schedule by about two months. This approach has been effective in places like California and Beijing. In India despite the WHO saying that 50 is the limit. The limit in India is much higher. One of the surgeons came and addressed this court that now when he operates on the lungs of children it is grey in colour in contrast to it being pink earlier. It is an emergency sitituation.”
The Amicus added a shocking observation highlighted in the media and said:
“The India Express said that people are born with asthma now.”
Senior Advocate Gopal then argued that everyone must contribute to solving the crisis, even if it requires personal sacrifices.
He said:
“If all of us have to sacrifice our vehicle we have to. Everyones contribution is required. This requires very harsh tough steps.”
ASG Bhati explained how Delhi’s geographical structure makes pollution worse because the region is located near the Himalayas, which restricts air movement.
She said:
“The issue is the geographical location. It is at the foot of the Himalyas with no way for air to exit. The stubble burning adds of the pollution.”
The Chief Justice expressed concern for daily-wage earners who are hit the hardest by sudden bans. He said the Court cannot stop all economic activity or impose extreme restrictions without considering livelihoods. The matter was then taken up after lunch.
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When the hearing resumed, Senior Advocate Gopal reminded the Court that pollution affects everyone equally.
He said:
“This isn’t a one sided issue everyone is impacted.”
ASG Bhati then addressed criticisms about India’s air standards and replied that global comparisons must consider India’s unique circumstances.
She said:
“You cannot put standards of US on India. This is the same problem we are fighting on international platform. We are doing very well we have reached the goals we were supposed to reach in 2030.”
ASG Bhati later added that reactionary and sudden restrictions cannot solve the problem because every human activity leads to some pollution.
She said:
“We can’t rely on sudden, reactionary measures every human activity creates some pollution, so what exactly do we stop?”
The Chief Justice then questioned whether the rise in pollution despite reduced stubble burning indicates other major causes. The Amicus agreed and noted that Delhi’s own pollution levels worsen during this period.
She said:
“Yes, during this period pollution spikes because of stubble burning combined with several other causes. Delhi itself has a lot of pollution.”
ASG Bhati informed the Court that nodal officers have been appointed to monitor farmers directly instead of relying only on satellite data.
She said:
“We have appointed nodal officers, one per 50 farmers to make sure that we not just rely on satellite data and so that its easier for them to check.”
After hearing all sides, the Bench dictated a detailed order, stating that temporary measures will not solve Delhi’s pollution crisis.
The Court noted the Amicus’ point that even though Punjab claims stubble burning has reduced, pollution levels have not improved, suggesting gaps in machinery access or other contributors.
Senior Advocate Sankarnarayanan described Delhi as a “gas chamber” and urged that all GRAP-1 banned activities stay prohibited throughout the year.
The Court’s order noted the comparison between California’s AQI standards and India’s, which show that Indian readings often classify polluted air as “good” or “satisfactory.” The Court said it cannot accept suggestions to halt all construction as such a move would leave thousands unemployed.
The Bench stressed that strict measures must follow the graded response system under AQI norms. It directed the Union Government to prepare a long-term plan and said that controlling stubble burning in Punjab, Haryana, Uttar Pradesh, and Rajasthan is essential.
The Court also agreed that only a long-term, phased approach can work and ordered Punjab and Haryana to hold a joint meeting and fully implement CAQM’s recommendations.
It noted that the Union Environment Minister has already held a meeting on November 11 and that clear directions can now be issued.
The matter has been listed for further updates on November 19, when the ASG will present the Centre’s proposed action plan to the Court.
Case Title:
M.C. Mehta v. Union of India (W.P. (C) No. 13029/1985)
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