Delhi Pollution Crisis | From smoke to solutions: SC calls for reforms in waste management

On 24 February, a bench of Justices A.S. Oka and A.G. Masih pulled up the Union and several state authorities over the abysmal state of waste segregation in the National Capital Region (NCR). 

The judges expressed disappointment in the state governments’ in the NCR for lack of compliance with the Solid Waste Management (SWM) Rules, 2016. “Nine years have gone by. We can’t be treating it very lightly,” Justice Oka remarked. He emphasised that non-compliance with waste management rules was a matter of concern across cities in India. 

The Court directed all NCR states to file affidavits on waste management efforts and warned that failure to act could result in restrictions on construction activity.

The top court has been monitoring the pollution crisis in Delhi since November 2025. In recent hearings, the Court has begun monitoring policy gaps and enforcement lapses in Delhi and other NCR states. 

While the Court has been taking stock of the issue and flagging policy breaches in every hearing, implementation continues to be a struggle.

The push for PNG and cleaner fuels

In a brief hearing on 13 February 2025, the bench discussed concerns surrounding the use of Piped Natural Gas (PNG) across the region. Justice Oka questioned the Additional Solicitor General Aishwarya Bhati why the infrastructure for PNG was not uniformly available across the NCR. 

Bhati explained that the PNG rollout had been easy to implement in Delhi due to its urbanisation and “no agricultural activity”, however, it was still a challenge for other cities in the NCR.  

Bhati also informed the bench that electricity generation in India largely remains dependent on thermal power, making an immediate shift unfeasible. As discussed in past hearings, she reiterated that using biomass pellets as a less polluting alternative “because it helps in ex-situ management”, particularly in industrial units where stubble-burning waste is repurposed into fuel.

The Court further took stock of industrial fuel use across Delhi and its neighbouring states. Data presented showed that while Delhi had transitioned almost entirely to PNG and electricity, Haryana still heavily relied on biomass fuels and other alternatives. The Court directed that the Commission for Air Quality Management (CAQM) engage with states in the region to develop a strategy for expanding PNG usage across the NCR. Bhati agreed, adding that it could not be a “one-size-fits-all-formula”. 

The Court, however, directed that “it should be a part of CAQM’s policy” to transition the whole NCR to PNG. Justice Oka also reiterated that there must be uniformity in fuel policy for effective pollution control. 

“Capital should not be given favourable treatment”

The Court also addressed the issue of industrial waste burning, which continues to be a major pollutant, despite various bans. The bench sought specific details on enforcement measures and asked the Central Pollution Control Board (CPCB) to develop a roadmap in collaboration with states to address implementation gaps. “Saying it is being implemented is not enough, how the data is being collected and updated on a real-time basis, that’s the main thing,” Justice Oka remarked. 

Senior Advocate Aparajita Singh, the amicus curiae, reiterated the lack of ground-level implementation. “As far as waste burning is concerned, they (CPCB) have to come up with a plan—incentivise or take action. There should be penal provisions,” she said. 

The Court echoed these concerns, directing CPCB to submit compliance reports and formulate a tangible policy for real-time monitoring and enforcement.

Justice Oka asked the Union government to respond on whether similar frameworks could be implemented in major metropolitan cities in the country, remarking that “We are not going to monitor what’s happening in other cities, but this can’t remain confined to Delhi. The Government of India must respond. Capital city should not be given favourable treatment.” He insisted that major cities across India should have similar enforcement machinery to combat pollution.

Singh also pointed out that in Paryavaran Suraksha Samiti v Union Of India (2017), the Court had already directed all states to provide an “online, real-time, continuous monitoring system” to display emission levels, in the public domain, on the portal of the State Pollution Control Board. “The whole purpose of collecting this data is that we have to see the efficacy of the plan,” she added.  

Struggle with compliance

A key issue in yesterday’s hearing was the segregation of solid waste management. Despite the 2016 SWM Rules mandating segregation, compliance remains poor, particularly in cities surrounding Delhi such as Gurgaon and Faridabad.

The Court was informed that waste segregation levels in these cities stood at a mere 15–20 percent, with full compliance only expected by December 2025. Expressing concern, Justice Oka issued a slew of directions:

1. All NCR states must file comprehensive affidavits detailing compliance with the SWM Rules, 2016
2. Urban local bodies within NCR must submit waste management plans, including timelines and implementation strategies
3. Segregation of waste at source is crucial for the environment. CPCB must assess the environmental impact of waste-to-energy plants, which worsen pollution when fed unsegregated waste
4. Non-compliance may lead to restrictions on construction activities, given the direct link between urban expansion and solid waste generation.

Justice Oka was also sceptical of smart city initiatives coexisting with waste management failures. “How can cities become smart without compliance with SWM Rules?” he said. The Court directed that urban bodies integrate best practices from NITI Aayog’s Best Practices in SWM 2021 report.

As the hearing ended, Singh informed the bench that Delhi’s AQI had improved and stood at 140—far from hazardous levels. Justice Oka smiled but he was not swayed. “This is only a temporary relief. We don’t know what will happen next October,” he cautioned.

The case will be heard next on 21 March 2025. The Court is expected to review Delhi’s compliance efforts then.