The Supreme Court on Tuesday declined to entertain a fresh public interest litigation seeking urgent judicial intervention to address what the petitioner described as a “persistent and systemic failure” in tackling India’s worsening air pollution crisis. The bench, led by Chief Justice B.R. Gavai, instead permitted the petitioner to withdraw the plea and intervene in the long-running M.C. Mehta environmental matter.
The court noted that a comprehensive case on air pollution is already pending and scheduled for hearing on Wednesday.
“The petitioner seeks liberty to withdraw the plea to file an intervention in pending proceedings in the MC Mehta case,” the CJI recorded while disposing of the matter.
The PIL had been filed on October 24 by holistic health coach and wellness expert Luke Christopher Coutinho. He had named a wide range of respondents, including the Union government, the Central Pollution Control Board (CPCB), the Commission for Air Quality Management (CAQM), various Union ministries, NITI Aayog, and six state governments: Delhi, Punjab, Haryana, Uttar Pradesh, Bihar, and Maharashtra.
Arguing that air pollution has escalated into a full-blown “public health emergency”, the petition claimed violations of citizens’ fundamental rights under Article 21, particularly the right to life and health. It sought a judicial declaration of a national public health emergency and the formulation of a strict, time-bound national action plan to combat toxic air.
The petition also highlighted significant gaps in the National Clean Air Programme (NCAP). While NCAP initially aimed to cut particulate matter levels by 20–30 percent by 2024—later raised to a 40 percent reduction by 2026—it has “not met its modest objectives,” the plea said.
According to the petitioner, only 25 of the 130 cities covered under NCAP have achieved a 40 percent reduction in PM₁₀ levels from the 2017 baseline as of July 2025. Another 25 cities have reportedly witnessed an increase in pollution levels. Similar non-compliance issues were pointed out for Kolkata, Lucknow, and several other urban centres.
The plea sought directions to make NCAP targets legally binding, with statutory timelines, measurable indicators, and penalties for failure.
Coutinho’s petition drew attention to the severe impact on children, claiming that in Delhi alone, 2.2 million school-age children have already suffered irreversible lung damage as per government and medical studies.
It also flagged inadequacies in the nation’s air quality monitoring systems and urged the establishment of a National Task Force on Air Quality and Public Health chaired by an independent environmental health expert.
The petitioner had also requested immediate steps to curb crop residue burning, including incentives for farmers and eco-friendly alternatives. Other demands included phasing out high-emitting vehicles, promoting e-mobility and public transport, and strict enforcement of industrial emission standards with real-time monitoring and public disclosure.
With the court’s decision, all these issues may now be considered within the broader framework of the pending M.C. Mehta pollution case, where the petitioner is expected to intervene.
