The Supreme Court, taking note of the worsening air pollution crisis in Delhi-NCR, has directed the Commission for Air Quality Management (CAQM) to file an affidavit detailing the concrete measures it plans to implement to prevent pollution levels from rising further.

The issue was heard by a bench led by Chief Justice of India(CJI) B.R. Gavai and Justice K. Vinod Chandran, amidst ongoing pleas seeking interventions to address environmental harm.

Facts:

On October 14, the Court temporarily eased the blanket ban on firecrackers, allowing the use of "green crackers" for Diwali, provided strict conditions were followed.

During proceedings, Senior Advocate Aparajita Singh, acting as amicus curiae, emphasized the urgency of CAQM disclosing its proactive strategies.

The bench subsequently directed, "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."

Counsel representing CAQM noted that while the commission had previously submitted a report, it had yet to be discussed due to time constraints.

The amicus highlighted concerns raised in the press regarding malfunctioning air quality monitoring stations:

"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 CAQM’s counsel responded by clarifying that the Central Pollution Control Board (CPCB) is responsible for data collection and report filing, while CAQM had already submitted its pre-emptive measures.

Additional clarifications were given by Additional Solicitor General (ASG) Aishwarya Bhatti, representing State Agencies, who confirmed that required reports would be furnished accordingly.

The bench described its approach as a “test case,” emphasizing that the relaxation on firecrackers was limited in duration and should not be taken as a precedent.

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 ecommerce 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.

M. We make it clear 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