Delhi Air Pollution | 'Many Air Monitoring Stations Not Working,' Says Amicus; Supreme Court Seeks CAQM Report

A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran was hearing the issue of air pollution in Delhi-NCR in the batch of environmental pleas in the MC Mehta Case.

On October 14, the Court temporarily relaxed the absolute ban on the use of firecrackers in the National Capital Region and allowed the use of green firecrackers for the Diwali festival, subject to certain restrictions.

The bench, while passing a slew of directions, also directed that : 

L. The Central Pollution Control Board, in consultation with the State Pollution Control Boards and their respective regional offices within the districts coming under the NCR shall monitor the air quality index in their respective jurisdictions starting from 14.10.2025 till 25.10.2025 and file a report before this Court, specifying the air quality of each day indicated hereinabove. Along with such monitoring the Regional Offices of the State Pollution Control Boards shall also take samples of sand and water from sites having more density of use for analysis.

Today, the amicus in the case, Senior Advocate Aparajita Singh, mentioned before the bench, the need for urgent directions to the CAQM on filing a report on the steps taken to pre-empt the situation. 

She highlighted, "Because in the orders passed by my lords, it was said that you will not wait for the pollution to turn severe, you will pre-empt, so let them just file a report" 

The bench agreed to pass the following order : 

"The CAQM is required to place on record an affidavit as to what steps are proposed to be taken so as to prevent the pollution turning to be severe." 

The Counsel for the CAQM informed the bench that on the last day of listing, the CAQM had filed a report; however, due to paucity of time, the bench could not take up the matter, so instead, the report, which is already filed could be discussed. 

The amicus, however, underlined the recent media reports on the claim that the air quality monitoring stations across Delhi have not been functioning properly. 

"There are newspapers after newspapers saying monitoring stations are non-functional. If the monitoring stations are not even functioning, we don't even know when to implement GRAP, that is the severe situation mylords, Let them also answer what is the situation of the monitoring station is, because out of 37 on the day of Diwali, only 9 were functioning continuously ( monitoring stations)."

The Counsel for the CAQM stated that it is for the CPCB (Central Pollution Control Board) to file the report, considering they have the data, while the report on pre-emptory measures has already been filed by CAQM. 

The Amicus questioned, "Why is the CAQM shirking from filing a report?" 

ASG Aishwarya Bhatti, appearing for the State Agencies, clarified that the required report would be filed on their end. 

The Key Directions Passed In The October 14 Order :

A. The sale of green crackers as uploaded on the website of NEERI shall be permitted commencing from 18.10.2025 and continuing only till 20.10.2025.

B. The sale of these products shall be permitted only from the designated locations in the entire National Capital Region which shall be identified by the District Collectors/Commissioners in consultation with the District Superintendent of Police and given wide publicity.

C. The police authorities, in consultation with the district administration shall constitute patrolling teams to keep a vigil on the designated locations of sale, including Officers as nominated from the Regional Offices of the State Pollution Control Boards. The patrol teams so constituted shall acquaint themselves with the green cracker products as uploaded in the website of NEERI and the registrations granted as also the QR Codes issued to individual manufacturers.

D. The patrol teams shall conduct regular reconnaissance in the designated sites to ensure that only the permitted products shall be sold and that too having the QR Codes issued. They shall also take random samples for the purpose of analysis, which shall be transmitted to PESO. On violations noticed, the responsibility shall attach to those involved in manufacturing or sale of prohibited products who shall not only be penalised but also their licence/registration from PESO or with NEERI shall stand cancelled

E. The district administration and the police shall ensure that use of firecrackers shall be confined between 6:00 AM to 7:00 AM and 8:00 PM to 10:00 PM on the two days i.e., the one before and on the Diwali day.

F. The sale shall be only through licensed traders and of the products i.e. the green crackers manufactured by those who are registered with the NEERI and obtained license from PESO. Any firecracker seized which are not manufactured by the registered/licensed manufacturers shall be immediately confiscated.

G. There shall be no firecrackers allowed into the NCR region from outside the said region.

H. The use of firecrackers with Barium and those not approved by the NEERI as green cracker, shall not be permitted and if found for sale or in the possession of individuals/traders, the same shall be confiscated immediately.

I. There shall be no manufacture or sale of firecrackers joined in series (laris).

J. There shall be no sale or purchase of firecrackers through e- commerce networks and any supply of such products shall be detained and the product confiscated.

K. The licences of traders, expired or cancelled after the ban was introduced shall be renewed for the period stipulated by the statutory authorities.

L. The Central Pollution Control Board, in consultation with the State Pollution Control Boards and their respective regional offices within the districts coming under the NCR shall monitor the air quality index in their respective jurisdictions starting from 14.10.2025 till 25.10.2025 and file a report before this Court, specifying the air quality of each day indicated hereinabove. Along with such monitoring the Regional Offices of the State Pollution Control Boards shall also take samples of sand and water from sites having more density of use for analysis.

The Court clarified that the relaxation is only on a "test case basis" and the same shall be only for the period specified.

Case Title – MC Mehta v. Union of India WP (C) 13029/1985