Delhi Air Pollution| Supreme Court Asks Union To Submit Proposals For Phase-Out Of Coal Industries In NCR

The Supreme Court, today, has directed the Ministry of Environment, Forest and Climate Change (MoEFCC), the Ministry of Power, and the Ministry of Petroleum and Natural Gas (MoPNG) to submit a joint proposal for phasing out coal-based industries within the NCR.

The Court also sought responses on a CAQM recommendation to prohibit the establishment of any new coal-based thermal power plants within a 300-kilometre radius of Delhi.

The bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi ordered, "It may be seen that while making multifarious recommendations, CAQM has also identified the concerned agencies who are expected to take necessary action to give effect to these recommendations...We consequently direct that the Government of NCT of Delhi and all its agencies will submit a proposed action taken plan for giving effect to the above-reproduced long-term solutions suggested by CAQM. As regards thermal power plants...we deem it appropriate to direct the Ministry of Environment and Power to submit a proposal for the shifting of all coal-based industries out of Delhi-NCR. The proposal shall firstly identify the industries and what can be alternative fuel sources for them. Neighbouring states of UP, Haryana and Rajasthan will issue public notices inviting suggestions/proposal/recommendations from all stakeholders, including coal-based industries. Notices to be deemed as served by this court. The action taken plan by all states shall give a full description of the notices given in this regard. Notices to mention they have been issued per the directions of this court. Objections to the proposed replacement may be submitted."

Additional Solicitor General Aishwarya Bhati appeared for the CAQM, and Senior Advocate Aparajita Singh appeared as Amicus Curiae.

The Court ordered, "Though in terms of our order 21st January 2026, the main case is slated for hearing on 12th March 2026, and as such, status reports will be referenced to the issues flagged in Para 1 and 5 of that order are expected to be responded by different stakeholders on or before the date fixed, the matter has been listed today, pursuant to some interim obligations. Also, taking the opportunity from there too and having noticed that, that the long-term measures mentioned in Para 1 of our order 21st January 2026 pertain to the vehicular traffic only, we deem it appropriate to highlight that the other long-term solutions are recommended by CAQM and which are to be introduced in a phased manner."

The Supreme Court ordered the neighbouring states of Uttar Pradesh, Haryana, and Rajasthan to issue public notices. These notices will invite suggestions and objections from stakeholders, including the coal-based industries themselves, regarding the proposed fuel replacements. The court clarified that these notices are to be deemed as officially served by the judiciary, and the states must subsequently submit "Action Taken Plans" detailing the feedback received from the public and industry players.

"On the issue of abatement of dust pollution from construction and demolition activities, CAQM has recommended as follows....For management of dust from roads and right of ways, the recommendations are to be following effect...On the issue of abatement of industry pollution, the commission has suggested the following long-term measures...The commission has recommended that, considering the emissions from coal-based thermal power plants, henceforth, no new coal-based thermal power plant may be established within 300 kilometres of Delhi. Once the open biomass stroke MSW burning and fires at sanitary landfill sites, the commission will review that...On the prevention and control of paddy stubble burning, the commission has shown the following actions. Then comes greening and plantation in NCR, the commission recommends as follows...And lastly, strengthening air quality governance, then according to the commission, following measures are required to be taken...", the Court added.

The Court directed all the stakeholders to implement the recommendations by the CAQM in a phased manner. These recommendations were given for the following issues: 1. Vehicular traffic, 2. Abatement of dust pollution from construction and demolition activities, 3. Abatement of industry pollution, 4. Emissions from coal-based thermal power plants, 5. Prevention and control of paddy stubble burning, 6. Greening and plantation in NCR and 7. Strengthening air quality governance.

In addition to industrial emissions, the court emphasized the need for a multi-sectoral approach to air purification. The bench highlighted CAQM recommendations regarding the abatement of dust from construction and demolition activities, road dust management, and the prevention of paddy stubble burning. The Government of NCT of Delhi (GNCTD) and its various agencies have been specifically directed to submit a detailed action plan to implement these long-term solutions, including strategies for greening and plantation across the capital.

Background

Previously, the Court directed all the stakeholders recommended by the Commission for Air Quality Management (caqm) to submit an action plan to give effect to long-term measures on issues related to air pollution.

On 6 January 2026, the Court issued directions to the Commission for Air Quality Management (CAQM), emphasizing its statutory obligation to move beyond temporary fixes and establish a definitive, expert-backed understanding of the worsening air quality in Delhi-NCR.

On the last date of hearing, the Court issued directions to the CAQM, emphasizing its statutory obligation to move beyond temporary fixes and establish a definitive, expert-backed understanding of the worsening air quality in Delhi-NCR. It also remarked that CAQM must not take long adjournments and must find solutions for the identification of the causes of the worsening AQI.

The Court had refused to interfere with the direction for the closure of schools. The Bench had also modified its last order dated August 12, 2025 and ordered that no adverse steps be taken against the owners of BS-IV or higher category vehicles.

On December 3, 2025, the Supreme Court had agreed to hear a case concerning the deteriorating air quality in the Delhi–National Capital Region, saying the issue needed to be monitored on a regular basis.

On November 19, the court asked the Commission for Air Quality Management (CAQM) to consider directing schools in Delhi-NCR to postpone open-air sports events scheduled for November–December to “safer months” due to toxic air levels.

It had declined to impose year-round restrictions under the Graded Response Action Plan (GRAP), an emergency framework that restricts polluting activities in severe conditions, and instead emphasised the need for long-term, sustainable solutions.

The Court has previously 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 Apex 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.

Cause Title: MC Mehta v. Union of India [WP (C) 13029/1985]