On 6 November 2026 the Supreme Court took up In Re: Curbing Air Pollution in the National Capital Region, SMW(C) No. 11/2026. The Bench was the Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. The order directs every State in the region to report within two weeks. It also calls for detailed answers on vehicle emissions and fixes hearing dates for four connected cases through November.
Read the order dated 6 November 2026 (PDF)
Why there is a new suo motu case
For decades, air pollution in Delhi was heard in the M.C. Mehta litigation (W.P.(C) No. 13029/1985). On 12 March 2026 the Court decided to deal with it differently. It directed five separate suo motu petitions, each on one part of the problem. The Court called this a re-shaping of the old case, not its closure.
- SMW(C) 11/2026: lead matter: regulatory and policy framework, air quality governance
- SMW(C) 12/2026: vehicular emissions and pollution
- SMW(C) 13/2026: green cover
- SMW(C) 14/2026: construction, power plants and industries
- SMW(C) 15/2026: solid waste, crop residue and firecrackers
The amici told the Court that compliance with its earlier orders of 21 January 2026 and 23 February 2026 had not been properly reported.
What the Court directed
- States to report in two weeks. All States must file submissions covering three things: the steps already taken, their responses to the suggestions of the Commission for Air Quality Management (CAQM) and the amici, and any action they propose on their own.
- Detailed answers on vehicle emissions. The MCD, the Delhi Government, Delhi Police (Traffic) and the States of Haryana, Rajasthan and Uttar Pradesh must file responses before the next hearing. They must cover:
- enforcement against commercial and private vehicles, including those coming from neighbouring States;
- how non-conforming vehicles are identified, including PUC checks;
- how overage, end-of-life and non-compliant vehicles are kept out;
- data on vehicles inspected, challaned and denied entry;
- coordination between States;
- short- and long-term measures.
- Amici notes. The amici must file short notes at least two days before each hearing.
- Lead matter on every date. SMW(C) 11/2026 will be listed with each of the connected cases.
What the Bench said in court
- Expert bodies first. The Court said it would go by CAQM and the Graded Response Action Plan (GRAP) unless peer-reviewed research showed otherwise. A doctor’s reported remark about children’s lungs was treated as anecdotal. Justice Bagchi said the Court would not second-guess the authority’s classification.
- Schools under GRAP. The amicus asked that primary and secondary students be treated alike. The Court declined to disturb GRAP’s age-based approach: hybrid classes for primary students at Stage III and for secondary students at Stage IV.
- Stubble burning. The amicus put stubble burning’s contribution at about 14% as of 5 November. Machines were said to be costly for small farmers. The Chief Justice suggested giving machines to Gram Panchayats and announcing procurement rates in advance.
- Idling at borders and toll plazas. NHAI and the MCD were asked to work together to stop vehicles idling at Delhi’s entry points.
- Diwali. The Court favoured awareness over heavy-handed orders. It suggested pollution awareness be part of Diwali celebrations, with local councillors and mohalla committees involved.
Next hearing dates
| Case | Subject | Date |
|---|---|---|
| SMW(C) 12/2026 | Vehicular emissions | 23 November 2026 |
| SMW(C) 15/2026 | Solid waste, crop residue, firecrackers | 25 November 2026 |
| SMW(C) 14/2026 | Construction, power plants, industries | 26 November 2026 |
| SMW(C) 13/2026 | Green cover | 30 November 2026 |
The States’ two-week deadline runs to about 20 November 2026, just before the first of these hearings.
Case details
- Case: In Re: Curbing Air Pollution in the National Capital Region, SMW(C) No. 11/2026
- Bench: CJI Surya Kant, Justice Joymalya Bagchi, Justice V. Mohana
- Order date: 6 November 2026
- Amici curiae: Ms. Aparajita Singh, Sr. Adv.; Ms. Uttara Babbar, Sr. Adv.; Ms. Shibani Ghose, Adv.
- For the Union and CAQM: Ms. Aishwarya Bhati, ASG
- Order: PDF · LiveLaw report of the hearing