The Supreme Court on Monday directed the Delhi government to submit an affidavit explaining the types of devices used to measure the Air Quality Index (AQI) in the city and how effective they are. The order came after the Court was told that water was allegedly being sprayed near pollution monitoring stations to alter AQI readings in the capital. Taking note of these claims, a Bench led by Chief Justice of India BR Gavai, along with Justices Vinod Chandran and NV Anjaria, asked the Delhi administration to clarify the issue and present the affidavit within two days. The information was shared by amicus curiae and Senior Advocate Aparajita Singh, who cited news reports about water sprinkling near AQI stations.
Responding to the allegations, Additional Solicitor General Aishwarya Bhati, representing the Centre, said that water sprinkling was happening across the city for dust control and that political groups were circulating misleading videos. The Chief Justice remarked that he had witnessed similar sprinkling near the Supreme Court premises as well. During the hearing, Singh also pointed out that the data on stubble burning incidents was not being recorded accurately. Although the Court referred to a status report showing a reduction from 28,000 to 4,000 cases, she maintained that experts believed the actual numbers were higher and the current system was underreporting incidents. She added that farmers often resort to burning because of limited time between harvesting cycles, and suggested that better machinery and compensation could help. She noted that farm equipment has been distributed since 2018, and the Punjab government has indicated that a compensation of ₹100 per quintal from the Centre could support efforts to curb crop burning.
Senior Advocate Gopal Sankaranarayanan highlighted that Delhi’s air pollution levels have worsened this year, stressing the severe health implications. He pointed out that a significant portion of deaths in the capital are linked to air pollution and argued that regulatory bodies like EPCA and CAQM are not adequately equipped to handle the crisis. He urged stronger measures to address the situation. The Court then asked whether a year-long halt on stone crushers and certain construction machinery could be considered. ASG Bhati responded that such restrictions would be impractical and could hinder economic development. She argued that while hazardous pollution days remain a concern, there has been some reduction in the most severe days, and that quick, sweeping bans were not a viable solution since every human activity contributes to pollution to some degree. The Bench observed that if stubble burning cases have dropped but pollution continues to peak, other contributing factors must also be examined. Singh agreed, noting that seasonal conditions combined with multiple sources push pollution levels higher. In its order, the Court acknowledged that experts have already devised graded responses to rising AQI levels and said it would not intervene to impose a blanket shutdown of activities in Delhi, as suggested by Sankaranarayanan. The judges noted that such a move would severely impact livelihoods in the capital. Instead, the Court called for coordinated action between the Union Environment Ministry and the governments of Punjab, Uttar Pradesh, Rajasthan, and Haryana.
The case is scheduled to be taken up again on November 19.