Delhi Air Pollution: Legal Measures and the Role of NGT
- ByAdmin --
- 26 May 2025 --
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Delhi’s persistent air pollution crisis has long been a matter of grave public health concern and environmental distress. Despite numerous governmental efforts, the city frequently experiences hazardous air quality levels, especially in winter months. Over the years, various legal frameworks and judicial bodies, notably the National Green Tribunal (NGT), have played a critical role in addressing this challenge. This article explores the legal measures adopted to combat air pollution in Delhi, the NGT’s interventions, and the ongoing challenges to ensure clean air for the city’s residents.
Legal Framework Governing Air Pollution Control in Delhi
- The Air (Prevention and Control of Pollution) Act, 1981: This central legislation is the cornerstone of air pollution regulation in India. It empowers the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to set standards, monitor air quality, and enforce corrective measures against polluters.
- Environment (Protection) Act, 1986: The Act authorizes the central government to implement comprehensive environmental protection measures, including air quality standards, and to regulate activities detrimental to air quality.
- The National Capital Territory of Delhi Laws (Special Provisions) Act, 1991: Facilitates coordination between central and local authorities in managing environmental issues within Delhi.
- The Motor Vehicles Act, 1988: Regulates vehicular emissions, a major contributor to Delhi’s air pollution, including norms for vehicle fitness and emissions standards.
- Graded Response Action Plan (GRAP), 2017: Issued by the CPCB specifically for Delhi and the National Capital Region (NCR), GRAP mandates progressive action based on pollution levels, such as restricting construction activities, closing brick kilns, and limiting vehicular movement.
National Green Tribunal’s Role in Tackling Delhi’s Air Pollution
- Specialized Environmental Jurisdiction: Established under the National Green Tribunal Act, 2010, the NGT is a dedicated body for adjudicating environmental disputes with a mandate for speedy justice.
- Landmark Orders and Monitoring: The NGT has passed several landmark judgments mandating strict measures to curb pollution sources in Delhi. It monitors the implementation of pollution control directives by various government agencies.
- Action on Stubble Burning: Recognizing crop residue burning in neighboring states as a key pollution source, the NGT has ordered state governments to take preventive measures and penalize violations.
- Regulating Industrial Emissions: The NGT has directed closure or relocation of polluting industries operating illegally or in non-compliance with environmental standards within Delhi and its periphery.
- Vehicular Emission Control: The Tribunal has overseen enforcement of emission standards, promotion of cleaner fuels (such as CNG and electric vehicles), and restrictions on older, more polluting vehicles.
Key Judicial Interventions
- Sterlite Judgment (2013): While primarily about industrial pollution in Tamil Nadu, this Supreme Court ruling reinforced the need for strict pollution control which influenced pollution regulation practices nationwide, including Delhi.
- NGT’s Direction on Pusa Compost and Construction Activities (2018): Ordered the stoppage of construction activities and mandated the use of dust control measures to reduce particulate matter in Delhi’s air.
- Supreme Court on Diesel Vehicle Ban (2015): The Court banned registration of diesel vehicles above 2000cc in Delhi NCR to reduce vehicular pollution, demonstrating judiciary’s active role in air quality management.
- NGT’s Implementation of Odd-Even Scheme (2016): The Tribunal supported the Delhi government’s temporary odd-even vehicle rationing scheme as an emergency pollution control measure.
Ongoing Challenges
- Enforcement Gaps: Despite laws and orders, enforcement remains inconsistent due to overlapping jurisdiction between central, state, and municipal authorities.
- Stubble Burning: Crop residue burning in Punjab, Haryana, and Uttar Pradesh remains a seasonal pollution spike source, requiring cooperative interstate action.
- Traffic and Vehicular Emissions: Delhi’s growing vehicle population exacerbates pollution. Ensuring adherence to emission norms and promoting electric vehicles are ongoing challenges.
- Construction Dust: Rapid urban development creates significant dust pollution. Implementation of dust control protocols often lacks rigor.
- Public Awareness and Participation: Lack of adequate public engagement and awareness limits the effectiveness of pollution control measures.
Role of Central and State Authorities
- The Central Pollution Control Board (CPCB) regularly monitors air quality and enforces environmental standards.
- The Delhi Pollution Control Committee (DPCC) serves as the state-level enforcement body under the Air Act, tasked with inspections and compliance monitoring.
- The Delhi Government implements policies like GRAP, odd-even schemes, and promotes cleaner fuels.
- The Ministry of Environment, Forest and Climate Change (MoEFCC) oversees nationwide environmental policies, including urban air quality management programs.
Conclusion
Delhi’s air pollution crisis requires coordinated efforts involving strict enforcement of existing laws, judicial oversight, and active public participation. The National Green Tribunal has been instrumental in holding authorities accountable and pushing for stricter pollution control measures. However, challenges such as enforcement gaps, interstate cooperation, and balancing development with environmental sustainability persist. Strengthening the legal framework, enhancing transparency, and integrating technology-driven monitoring can pave the way for cleaner air in the national capital.
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