SC refuses to entertain fresh PIL on rising pollution levels in Delhi, others cities

Delhi: The Supreme Court on Tuesday refused to entertain a fresh PIL by a wellness expert seeking urgent judicial intervention to tackle a “persistent and systemic failure” in addressing the country’s rising air pollution levels.

The top court, however, allowed holistic health coach Luke Christopher Coutinho to withdraw the PIL and file an intervention plea in a pending case filed by environmentalist M C Mehta on pollution.

“The petitioner seeks liberty to withdraw the plea to file an intervention in pending proceedings in the MC Mehta case,” the CJI said.

The court is scheduled to hear the main plea on pollution on Wednesday.

Coutinho had filed the plea on October 24 and made the Centre, Central Pollution Control Board (CPCB), Commission for Air Quality Management (CAQM), several Union ministries, NITI Aayog, and the governments of Delhi, Punjab, Haryana, Uttar Pradesh, Bihar, and Maharashtra as parties.

The plea said the current air pollution crisis has reached proportions of a “public health emergency”, violating citizens’ fundamental right to life and health under Article 21 of the Constitution.

The plea sought declaration of air pollution as a national public health emergency and formulation of a time-bound national action plan.

“The National Clean Air Programme (NCAP), launched in 2019 with the target of reducing particulate matter by 20–30 percent by 2024 (subsequently extended to 40 percent by 2026), has not met its modest objectives. As of July 2025, official data reveals that only 25 of the 130 designated cities have achieved a 40 per cent reduction in PM₁₀ levels from the 2017 baseline, while 25 other cities have in fact seen an increase,” it said.

Similar violations are cited in the plea for Kolkata and Lucknow, among others.

The plea sought a direction to make NCAP targets binding with “statutory force, including clear timelines, measurable indicators, and enforceable penalties for non-compliance”.

In Delhi alone, 2.2 million schoolchildren have already suffered irreversible lung damage, as confirmed by government and medical studies, the plea alleged.

The plea also submits that air quality monitoring systems are inadequate.

Also Read: Delhi’s air pollution may be 20% worse than recorded: Study 

It also sought setting up a National Task Force on Air Quality and Public Health chaired by an independent environmental health expert.

It sought immediate curbs on crop residue burning, including farmer incentives and sustainable alternatives besides phasing out high-emitting vehicles and promoting e-mobility and public transport.

The plea sought strict enforcement of industrial emission norms with real-time monitoring and public disclosure.