Delhi HC says pollution issues already before SC, avoids hearing fresh petition

The association argued that the deteriorating AQI has led to persistent health issues and sought immediate and long-term scientific measures to control the city’s pollution levels.

The Delhi High Court on Wednesday said that entertaining a petition seeking directions to the Delhi government to curb air pollution would risk creating a “plurality of proceedings”, since the Supreme Court is already examining the issue and issuing continuing orders.

The judges noted that the air quality crisis has been occupying the Supreme Court’s attention for weeks.

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela expressed reluctance to proceed with the plea filed by the Greater Kailash Welfare Association after Delhi government counsel Sameer Vashisht submitted that the questions raised were squarely before the Supreme Court. Hearing the matter afresh, he said, would be inappropriate.

“A similar matter is pending before the Supreme Court and the situation in and around Delhi is being monitored every day… We’re not saying we cannot entertain it. This is just to avoid plurality of proceedings,” the bench said.

The judges noted that the air quality crisis has been occupying the Supreme Court’s attention for weeks. “All these issues are being contested there… In the last 15–20 days the Supreme Court has been passing orders for mitigating air pollution,” the bench observed.

The court then suggested that the welfare association approach the Supreme Court by filing an intervention application in the ongoing matter. It added that it would take up the petition if the top court declined to hear them. The Delhi High Court listed the case for January 7.

In its plea, the association argued that the deteriorating AQI in the Capital has led to persistent health issues among residents, particularly children, senior citizens, and people with respiratory conditions. It sought immediate as well as long-term scientific measures to control the city’s pollution levels.

On Monday, the Supreme Court said it “cannot sit idle” as Delhi-NCR faces a worsening air pollution “crisis”, and directed the Commission for Air Quality Management (CAQM) to evaluate the effectiveness of its directives and present their real impact on the ground. The court noted that despite repeated plans and advisories over several years, outcomes remain negligible and the situation continues to deteriorate each winter.