SC clears way for NGT to examine Delhi Airport noise pollution

The rejection means the SC’s September 1 direction, permitting a fresh plea before the NGT to examine compliance with its 2024 orders on noise monitoring around IGI Airport, will stand undisturbed

Clearing the decks for renewed scrutiny of noise pollution levels caused by aircraft operations, the Supreme Court has dismissed a plea by the Delhi International Airport Ltd (DIAL) seeking reconsideration of its September 1 order that allowed the National Green Tribunal (NGT) to entertain any fresh application related to compliance with directions issued to the airport operator for monitoring noise levels at the runways of the Indira Gandhi International (IGI) airport.

The bench clarified that if such an application was filed, NGT must consider it “as expeditiously as possible on its own merits and in accordance with law.”

A bench of justices BV Nagarathna and R Mahadevan, which had passed the original order, rejected DIAL’s review petition on November 6, holding that no case was made out for reconsideration.

“Application for listing review petition in open court is rejected. Having carefully gone through the review petition, the order under challenge and the papers annexed therewith, we are satisfied that there is no error apparent on the face of the record or any merit in the review petition warranting reconsideration of the order impugned. The review petition is, accordingly, dismissed,” the bench said in its brief order, which has now been released.

The rejection means the top court’s September 1 direction, permitting a fresh plea before the NGT to examine compliance with its 2024 orders on noise monitoring around IGI Airport, will stand undisturbed. The NGT may once again be approached to assess whether DIAL has fully implemented its noise abatement obligations and determine if additional remedial measures are necessary to mitigate the impact of air traffic on residential neighbourhoods around IGI airport.

In the September 1 order, the bench had disposed of a civil appeal filed by the Society for Protection of Culture, Heritage, Environment, Traditions and Promotion of National Awareness, which challenged the NGT’s July 2024 refusal to issue further directions on noise pollution caused by Runway 29/11-- used for more than half of all arrivals and departures at IGI airport.

“We dispose of this civil appeal by reserving liberty to the petitioner; herein to file a fresh application before the NGT along with all supporting material so as to seek appropriate reliefs, including the reliefs which were sought earlier and granted by the Tribunal, but which have not been implemented as yet,” the court had said.

The bench clarified that if such an application was filed, NGT must consider it “as expeditiously as possible on its own merits and in accordance with law.”

NGT, in its March 21, 2024 order, directed DIAL to install noise monitoring systems at various points around the airport and publish the data on its official website. However, the petitioner association contended that while DIAL had installed five noise monitoring terminals, this was grossly inadequate given that the airport operates eight runways divided into 16 parts. Vasant Kunj and nearby areas residents continued to face severe noise pollution, particularly from operations on runway 29/11, the plea said.

The tribunal’s July 2024 order had found DIAL to be compliant with its earlier directions, leading the petitioner to move the Supreme Court. The top court’s decision revived the petitioner’s opportunity to seek comprehensive review of the airport’s noise mitigation measures before the NGT.