[Delhi Air Pollution] SC Agrees to Hear Plea Seeking Urgent Intervention; Lists Matter for Hearing on Nov 10

Delhi Air Pollution Law Insider

Tanisha Rana

Published on: November 04, 2022 at 21:23 IST

On Friday, the Supreme Court decided to take up a plea asking for the court’s urgent intervention to stop Delhi’s rising air pollution levels.

A petitioner who appeared in person and said that “Delhi was choking” made the argument before a bench of Chief Justice of India (CJI) UU Lalit and Bela M Trivedi.

The court agreed to list the case for hearing on November 10, 2022, despite the bench’s reservations about hearing the case and asking the petitioner whether a petition under Article 32 of the Constitution was the appropriate route.

“What you are saying.. the situation definitely requires intervention. We are only saying if it requires intervention through 32 or something else”, the CJI said.

The petitioner said that the National Capital Region’s Air Quality Index (AQI) had crossed 500, making it the highest it had been in recent years.

“Noida has already closed their schools. It requires urgent intervention. Even those who are fit are not able to reside in Delhi anymore”, he said.

The petitioner cited parali (stubble) burning in the neighbouring states of Punjab and Haryana as the cause of the sudden increase in pollution.

The CJI emphasised that several experts disagreed that rising pollution was a result of stubble burning.

However, the petitioner claimed that the only reason for the rise in pollution during the past week was stubble burning.

“When I compare AQI level in the past week.. it has increased. We cannot even walk freely. States should be asked to answer.”

The Court agreed to list the case for further hearing on November 10 after hearing the petitioner’s arguments.

Around the same time last year, Aditya Dubey, a 17-year-old Delhi student, petitioned the Supreme Court about the Capital’s rising levels of air pollution.

The case was considered by a bench that included Justices DY Chandrachud, Surya Kant, and then-Chief Justice of India, NV Ramana.

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