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M.C. Mehta v. Union Of India And Others
Factual and Procedural Background
The Supreme Court took up several interlocutory applications and a special report (EPCA Report No. 106) concerning severe air pollution in Delhi and the National Capital Region (NCR). Satellite imagery dated 30-10-2019 to 4-11-2019 showed extensive stubble burning in Punjab, limited burning in Haryana and Western Uttar Pradesh, and related factors such as construction and demolition (C&D) debris, open garbage dumping, road dust, and traffic congestion. Despite earlier judicial directions, the Court found that State Governments (Punjab, Haryana, Uttar Pradesh), the Government of NCT of Delhi, and local bodies had repeatedly failed to curb these practices, resulting in hazardous air quality and an infringement of the residents’ right to life under Article 21 of the Constitution.
Legal Issues Presented
- Whether State Governments, the Government of NCT of Delhi, and local authorities can be held directly accountable—both civilly and punitively—for failing to prevent stubble burning and other pollution-causing activities.
- What immediate coercive and remedial measures the Court can order to contain the ongoing air-pollution emergency in Delhi-NCR.
- Whether specific activities (e.g., stubble burning, C&D work, garbage burning, use of diesel vehicles and generators) should be halted or regulated through Court-mandated penalties and administrative oversight.
Arguments of the Parties
Submissions by Government Experts and Amicus Curiae
- Mr Bhurelal (EPCA) highlighted issues relating to irrigation and its impact on post-harvest stubble management.
- Experts from the Ministry and the Indian Institute of Technology (IIT) provided technical input on effective water-sprinkler pressure for dust suppression.
- Ms Aparajita Singh (Senior Counsel & Amicus Curiae) suggested barring diesel vehicles from entering Delhi to mitigate pollution.
Submissions by Mr Sanjiv Sen, Senior Counsel
- Contended that the Odd-Even traffic scheme unintentionally increases the use of two- and three-wheelers, which also emit pollutants, thereby limiting the scheme’s efficacy.
- Proposed a broader restriction on diesel vehicles, asserting they pollute more than petrol or CNG vehicles.
- Requested data from the Government of NCT of Delhi on vehicle-mix changes during the Odd-Even period and the resultant pollution levels.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court characterised the situation as a “blatant and grave violation” of Article 21, emphasising that recurring pollution episodes shorten life expectancy and drive residents out of the capital. It invoked the public trust doctrine and tortious liability, indicating that both governments and individual violators could be compelled to compensate affected citizens. Noting the State machinery’s “miserable” performance and statutory non-compliance, the Court resolved to fix accountability from the level of Chief Secretaries down to Gram Panchayats and SHOs. It asserted its power to impose monetary penalties, hold officials in contempt, and require immediate administrative measures—including bans, enforcement drives, and public-awareness campaigns—to abate pollution. The Court also required data-driven evaluation of traffic restrictions and directed expert bodies (EPCA, IIT) to recommend technical solutions.
Holding and Implications
ORDERED: The Court imposed an immediate halt to stubble burning, C&D activities, garbage burning, and polluting industrial operations in Delhi-NCR; summoned the Chief Secretaries of Punjab, Haryana, Uttar Pradesh, and the Government of NCT of Delhi for a hearing on 6-11-2019; levied on-the-spot penalties (₹1 lakh for C&D, ₹5,000 for garbage burning); mandated inventories of violators; ordered comprehensive clean-up and dust-suppression measures; restricted generator use; and sought detailed action plans and compliance reports within specified deadlines.
Implications: The order places direct, personal liability on senior bureaucrats and local officials, signalling that future non-compliance could attract contempt proceedings and monetary compensation claims. While no new legal precedent was articulated, the Court’s sweeping, multi-tier enforcement directives intensify judicial oversight of environmental governance in Delhi-NCR and may serve as a deterrent framework for similar pollution crises nationwide.
Order
IAs Nos. 130216 and 130219
1. These applications were mentioned for listing. List after two weeks.
Report No. 106 submitted by EPCA (Special Report on pollution hot spots in NCR with request for urgent directions to improve enforcement and pollution control)
In Re : Stubble burning (IAs Nos. 127792 of 2017, 158128 and 158129 and 2019)
2. We have heard Mr Bhurelal, who has pointed out about irrigation. We have also heard some experts from the Ministry and the IIT and learned Senior Counsel for the parties and Amicus Curiae.
3. Today everyone is concerned about level of pollution in Delhi and NCR region. This is not something new, every year this kind of piquant situation arises for a substantial period. It is compounded by the fact that year to year in spite of various directions issued by the High Court, other authorities including this Court, the State Governments, Government of NCT of Delhi and the corporations of Delhi and nearby States are not performing their duties as enjoined upon them. This is a shocking state of affairs in which we are put as on today. This is blatant and grave violation of right to life of the sizeable population by all these actions and the scientific data which has been pointed out indicates that life span of the people is being reduced by this kind of pollution which is being created and that people are being advised not to come back to Delhi or to leave Delhi due to severe pollution condition which has been created. There cannot be large-scale exodus. People have to perform their duty in Delhi also and people cannot be evacuated from Delhi being a capital city. We are at a loss to understand why we are not able to create a situation in which this kind of pollution does not take place, that too in a routine manner every year. Obviously, it is writ large that the State Governments, Government of NCT of Delhi and civic bodies have miserably failed to discharge their liability as per the directive principles of State policy which have found statutory expression, they are being made statutory mockery and also the directions of this Court and High Courts in this regard are being violated with impunity.
4. Time has come when we have to fix the accountability for this kind of situation which has arisen and is destroying right to life itself in gross violation of Article 21 of the Constitution of India. No farmer can be said to be having a right under the guise that he is not having sufficient time to use the stubble for the purpose of manure, since they have less time between two crops, cutting and sowing of next crop. As such, they cannot by burning it in their fields, put life of sizeable population in jeopardy.
5. It is apparent from the satellite images which have been produced before us for the period 30-10-2019 to 4-11-2019. The satellite image clearly indicates that in Punjab there is widespread stubble burning which has taken place as compared to Haryana, in which only in four districts it has taken place. There is some burning in Western U.P. also. It could not have taken place even in a singular district or gram panchayat area as we live in a civilised country in which such kind of activities which create such menacing pollution not only in the area concerned but to the neighbouring States also, by ill-effects of that people cannot be left to die or to suffer various ailments.
6. Everybody has to be answerable including the top State machinery percolating down to the level of gram panchayat. The very purpose of giving administration power up to the panchayat level is that there has to be proper administration and there is no room for such activities. The action is clearly tortious one and is clearly punishable under statutory provisions, besides the violation of the Court's order. In the circumstances, as widespread stubble burning has taken place, we direct the States of Punjab and Haryana and adjoining State of Uttar Pradesh where there is blatant violation which has taken place, to halt it. We direct the Chief Secretaries of the States of Punjab, Haryana and Uttar Pradesh to be present in this Court on 6-11-2019 including Chief Secretary of the Government of NCT of Delhi.
7. We direct the Chief Secretaries of the State Governments, District Collectors, Tahsildars, Director General, IG/SP and other police officers of the area of police station concerned and the entire police machinery to ensure that not even a single incident takes place of stubble burning henceforth. If it is found that any stubble burning has been made not only that person doing it will be hauled up for the violation of the order passed by this Court but the entire administration, right from the Chief Secretary, Commissioner, Collector and all other functionaries and Panchayats concerned. Gram Pradhan/Sarpanch Panchayat are also directed to ensure that no such stubble burning takes place.
8. Let the State Governments of Punjab, Haryana and Uttar Pradesh and officials also explain that why they should not be asked to pay the compensation for tortious liability as they have acquiesced and due to their failure in preventing stubble burning which is in utter violation of the public trust doctrine, why they should not be held liable to compensate, and also the incumbents who are burning the stubble in spite of clear restrictions imposed by this Court and statutory prohibition.
9. We also direct the Sarpanch of each and every Panchayat and SHO of the area concerned to prepare inventory of the incumbents who have burnt the stubbles in their fields. We also direct the Sarpanch, Gram Panchayat as well as the police of the area concerned and local administration including the Collector and all subordinate authorities to ensure that no further stubble burning takes place. In case, any stubble burning takes place responsible machinery from top to bottom and Sarpanch, Gram Panchayat shall be liable for tortious act and for not complying with the order passed by this Court and let the Gram Panchayat also advise forthwith the villagers not to involve in stubble burning any more and take appropriate action.
10. We also direct the State Governments, Central Government as well as the Government of NCT of Delhi to take immediate steps to take care of the emergent situation due to air pollution which has taken place. No doubt about it that everybody knows the situation, let the steps be taken forthwith with the help of the experts. We direct the Government of NCT of Delhi as well as various corporations to work in tandem and to see that waste and garbage which is contributing to air pollution is tackled at war level. The efforts should be made right from today without any loss of time.
11. Let the EPCA consider as it was suggested by Ms Aparajita Singh, learned Senior Counsel and the learned Amicus Curiae that diesel vehicle should not enter Delhi. Let the EPCA immediately take the steps in this regard as may be considered appropriate as it has the power to do the needful taking care of the emergent situation.
12. With respect to demolition and construction activities we direct that no demolition and construction activities take place in Delhi and NCR region. In case it is found that such activity is done, the local administration as well as the municipal authorities including the Zonal Commissioners, Deputy Zonal Commissioners shall be personally held responsible for all such activities. They have to act in furtherance of the Court's order and to ensure that no such activity takes place.
13. We are informed that use of coal based industries have been stopped. In case any violation of this is found the person concerned including Zonal Deputy Commissioner would be liable for violation of the order of this Court and liable to be punished for contempt of court.
14. It was also pointed out by Mr Sanjiv Sen, learned Senior Counsel, that during Odd-Even Scheme in Delhi more use of two wheelers and three wheelers has taken place and they are being plied more causing equal pollution, as such no useful purpose is being served by stopping the use of certain vehicles only on the basis of odd and even numbers. He has also pointed out that it would be appropriate to stop the use of diesel vehicle, in case it is necessitated as the diesel vehicles cause more pollution as compared to petrol and CNG vehicles. Let the Government of NCT of Delhi explain this aspect and file the data in this regard in the Court on the basis of the previous experience and whether if three wheelers and taxies are plying more on road during such restriction and relevant data be placed.
15. During Odd-Even Scheme what is the difference being caused by stopping use of four wheelers when various other contributory factors are not taken care of by the Government of NCT of Delhi. An affidavit has been filed by the Ministry of Environment and Forests, in which in Para 10 the following facts have been mentioned. Air quality, winter inspections 2019-2020 status till 31-10-2019 is extracted hereunder:
“Air Quality Winter Inspections' (2019-2020) Status — till 31-10-2019
Total complaints lodged : 1646
Total inspections : 249
Major sources reported:
C&D Open dumping of waste/garbage Unpaved road/pit Road dust Garbage burning Traffic congestion 496 407 217 154 126 81
Prominent districts reporting abovementioned major violations:
Source Delhi NCR C&D • New Delhi District (10.3%) • East district (9.8%) • West district (8.2%) • Noida (12%) • Faridabad (11.7%) • Gurugram (South) (10.9%) • Ghaziabad (8.5%) Open dumping of waste/garbage • North-East district (17.44%) • East district (14.98%) • South district (7.8%) • Noida (9.58%) • Faridabad (8.84%) • Gurugram (South) (6.14%) • Ghaziabad (5.4%) Unpaved road/pit • South-West (10.59%) • East and south district (9.67%) • North-West district (7.37%) • Ghaziabad (12.44%) • Faridabad (9.21%) • Noida (8.75%) Road dust • East district (22.72%) • North-West district (7.14%) • North district (5.8%) • Ghaziabad (16.23%) • Meerut (11.6%) • Noida (8.44%) • Sonipat (5.84%) Garbage burning • North-West district (13.5%) • North district (10.3%) • North-east district (9.5%) • Gurugram (South) (15.1%) • Noida (12.7%) • Faridabad (9.5%) Traffic congestion • North district (23.5%) • East district (13.6%) • Central district (11.1%) • Ghaziabad (4.9%) • Noida (3.7%)
Major polluting activities defined in identified hotspot regions:
1. Jahangirpuri
• Open dumping of garbage & C&D
• Traffic congestion
2. Rohini
• Road dust
• Open dumping of garbage
3. Bawana
• C&D & Unpaved roads
• Open dumping of garbage & road dust
4. Ashok Vihar
• Open dumping of garbage & C&D
• Road dust
5. Wazirpur
• Open dumping of garbage
• C&D
6. Vivek Vihar
• Traffic congestion
• C&D
• Open dumping of garbage and road dust
7. Anand Vihar
• C&D
8. Punjabi Bagh
• C&D
9. Mundka
• Unpaved roads
• C&D and industrial waste dumping
10. Narela
• Industrial waste — dumping & burning
• Garbage — dumping & burning
11. Okhla
• Open dumping of garbage
• Open dumping of industrial waste and C&D
12. Dwarka
• C&D
• Unpaved road
13. Mayapuri
• Unpaved road
• Road dust
14. Sahibabad
• Unpaved road
• Road dust
• Open waste dumping
• C&D
15. Udyog Vihar
• Open dumping of garbage
• Unpaved roads
16. Faridabad
• C&D
• Open dumping of garbage
• Unpaved roads
• Open burning
• Industrial waster dumping”
16. As per the air quality inspection construction and demolition activities in Delhi/NCR region causing damage in Noida, Faridabad, Gurugram, Ghaziabad as well as instances of Delhi have also been mentioned:
1. Construction and demolition.
2. There is open dumping of waste/garbage.
3. Unpaved road/pit.
4. Road dust.
5. Garbage burning.
6. Traffic congestion.
17. We direct that construction, demolition and activities be stopped forthwith as well as garbage burning. In case, any person is found in construction and demolition activity and garbage burning in Delhi and NCR region, he/she shall be penalised. Any person is doing construction and demolition activity in violation of this order, shall be penalised with Rs 1 lakh for such activity. For garbage burning he/she shall be penalised with Rs 5000 and besides liable for violation of the order passed by this Court to be dealt with in accordance with law.
18. With respect to open dumping of waste and garbage, we direct the Government of NCT of Delhi as well as the Municipal Corporation concerned to chalk out immediate plan and to ensure that waste and garbage to be removed to safe places forthwith and also to ensure that no open dumping takes place. We direct the Zonal Deputy Commissioner to be responsible with other officers in this regard. Let road maps be prepared so as to provide proper amenities in order to prevent open dumping of waste and garbage, and be placed before this Court within four weeks.
19. For taking care of the road dust let water sprinklers/dust suppressors be used on the roads. An IIT expert suggested about the appropriate water pressure for the sprinklers. At what pressure water should be sprinkled so as to reduce the pollution and dust so that it does not add to the pollution. Let the Corporations act on advice of the expert of the IIT. Such roads where traffic congestion is more, let traffic plan be also prepared in such a manner so that there is no extra burden on a particular road so that traffic congestion is taken care of. It is for the traffic authorities concerned to take immediate steps in this regard.
20. Since we are fixing the liability on the person responsible for inaction at the village level as well as three States in the NCR regions as well as Delhi, let the widest publicity by all means of publication i.e. television, media, newspapers, radio be made. In Gram Panchayats by beat of drums also and other modes to ensure that villagers are made aware of their responsibility and liability towards the other humans so that they do not involve in such acts. Let the Gram Panchayat, police station, district and taluk levels by the administration concerned take steps in this regard. Let the State Governments also take the requisite steps to extinguish the stubbles which are burning and for that let State Level High-Level Committee meet forthwith and take appropriate decision and implement it. Steps taken be informed to this Court on 6-11-2019 by the Chief Secretaries concerned of the three States and the Government of NCT of Delhi.
21. Let the authorities concerned of EPCA meet forthwith and take a call in this regard with respect to industrial activities which are causing pollution and how to control it. We also direct all Pollution Control Boards of three States and the Government of NCT of Delhi that polluting industries/activities against norms are put to halt forthwith.
22. It was also submitted by M/s Sanjiv Sen and Gopal Sankaranarayanan, learned Senior Counsel that in certain States generators are also being used which increase pollution mainly due to cut off of the electricity supply. Generators in Delhi also add to pollution in Delhi as well as in NCR region. Let the State Governments and the Government of NCT of Delhi ensure that electricity is not cut so that generators are not used and let no generators be used till next date of hearing except in emergency/healthcare services.
23. Let the State Governments, NCT of Delhi and also the Government of India prepare a road map for preventing this kind of situation in future and be placed before this Court, within three weeks. Let the Action Taken Report be submitted within four weeks.
24. Directions/Order to be effective unless otherwise ordered. List on 6-11-2019 at 3.30 p.m.
Rest of the matters
25. List on 8-11-2019.
Court Masters
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