National Green Tribunal
Bhopal CitizenS Forum Through Its ... vs State Of Madhya Pradesh on 7 January, 2026
Item No.09
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.181/2025(CZ)
Bhopal Citizen's Form
Through its Convenor Mr. Surendra Tiwari Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 07.01.2026
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER
For Applicant (s): Mr. Harpreet Singh Gupta, Adv. with
Mr. Pratipal Singh Gupta, Mr. Srajan Jain
Mr. Chimnay Singh Kulhara, Ms. Nancy Chaturvedi
Mr. Manan Agarwal, Ms. Prachi Meghnani, Advs.
For Respondent(s) : Mr. Prashant M. Harne, Adv. for State of M.P.
Mr. Yadvendra Yadav, Adv. for CPCB
Ms. Parul Bhadoria, Adv. for MPPCB
Mr. J.P. Sharma, Adv. for R-2
ORDER
1. By means of filing this petition/application under Section 14, 15 and 18(1) of the National Green Tribunal Act, 2010, the Applicant has highlighted the alarming deterioration of air quality in the city of Bhopal. Over the past few months, the city has witnessed an unprecedented rise in its Air Quality Index (AQI), repeatedly reaching the 'Very Poor' category, with readings as high as 336, thereby posing an immediate and serious threat to the health and lives of residents. This is evident from a bare perusal of the news report dated 25.11.2025 of Dainik Bhaskar which indicates that the AQI has dipped across the State of Madhya Pradesh and Bhopal is the second worst city after Singrauli, within the state of Madhya Pradesh.
1 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
2. It is stated that the Nav Duniya Newspaper in one of its articles earlier to this news posted by the Dainik Bhaskar report, reported on 20.10.2025 with the headline that "Bhopal Tak Mandideep ki zehrili hawa ka Asar, Vayu gunvatta khatarnak star par" which highlighting that the air quality of the city has deteriorated to extremely poor state where the AQI has ranked as high as 616. The people out for their morning walk had difficulty in breathing. The only remedy taken up by the concerned authorities was to sprinkle water around the service road, to bring down the AQI level.
3. It is also stated that multiple newspaper reports from Dainik Bhaskar, Nav Duniya, Times of India and others have consistently highlighted the grave rise in particulate matter levels and the consequent surge in cerebrovascular incidents, heart attacks, respiratory disorders, and other pollution-induced ailments. In this regard, reliance may be placed on report dated 23.11.2025 in Dainik Bhaskar which indicates that the risk of heart attack increases by 12% on account of the poor air quality. The right to clean air, an integral facet of Article 21 of the Constitution of India, stands violated. Despite the deteriorating AQI, the Respondent authorities have failed to undertake effective or legally mandated preventive or remedial action which has further worsened the prevailing situation.
4. It is, however, stated that worsening air quality is attributable to several identifiable sources; unregulated use of banned firecrackers during the ongoing wedding season in contravention of directions issued by the Hon'ble Supreme Court in Arjun Gopal v. Union of India (WP (Civil) No. 728 of 2015); rampant construction activities being carried out throughout the city of Bhopal, without dust-control measures, forcing hundreds of families to vacate their homes due to 2 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
hazardous dust emissions. The persistent stubble burning across Madhya Pradesh despite detailed directions issued by this Hon'ble Tribunal in Suo Moto Action on The Newspaper Article dated 16th November 2024 Published In Times of India Titled as MP Faces Burning Questions on Sharp Rise In Stubble Fires Vs State Of Madhya Pradesh in OA 249/2024, which mandated structured action plans, technological monitoring, incentives, and strict enforcement; poor road conditions causing continuous resuspension of fine dust; high vehicular emissions with nearly 40% of vehicles operating without valid PUC certification; and widespread, unregulated coal use by restaurants and eateries, adding significantly to particulate pollution in violation of the Air (Prevention and Control of Pollution) Act, 1981. Compounding this crisis is the recent revelation that the pollution-control authorities have been manipulating AQI readings by spraying water 10-15 times a day around live monitoring stations at locations such as the Collectorate, TT Nagar and Paryavaran Parisar, Shahpura. Media reports dated 30.11.2025 demonstrate that instead of implementing scientific mitigation measures, the authorities have resorted to improper and deceptive practices solely to display artificially improve AQI values. In this regard, reliance may be placed on report dated 30.11.2025 of Dainik Bhaskar, Bhopal where it has been observed that AQI monitor is being intentionally sprayed upon with water sprinklers, more than fifteen times daily, to artificially manipulate the AQI readings.
5. The learned Counsel for the Applicant has submitted that it is a direct violation of the Right to Life guaranteed under Article 21 of the Constitution of India. Reliance has been placed on the decision of the Hon'ble Supreme Court in MK Ranjit Singh Vs. Union of India, 2024 INSC 282 where right against adverse effects of climate change has 3 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
been made actionable on the strength of Article 21 of the Indian Constitution. In addition, there has been a violation of statutory obligations including under Air (Prevention and Control of Pollution Act), 1981, and regulations issued by the Madhya Pradesh Pollution Control Board. Additionally, there is violation of the precautionary and public trust doctrines, and the public has been misled while the actual ambient air remains hazardous. The cumulative effect of administrative inaction, regulatory failure, and deliberate manipulation has resulted in grave environmental harm and escalating public-health risks. The situation necessitates immediate, stringent and enforceable directions to curb pollution from all contributing sources, ensure compliance with judicial and statutory mandates, prevent further deterioration of air quality, and safeguard the fundamental right to life of the citizens of Bhopal.
6. The research paper reveals that both the air pollutant PM2.5 and the SARS-CoV-2 virus enter the lungs via the bronchial system (portal organ), with potential systemic health impacts through the blood circulation. Both PM2.5 and SARS-CoV-2 cause vascular endothelial dysfunction, oxidative stress, inflammatory responses, thrombosis, and an increase in immune cells. The SARSCoV-2 infection facilitates the induction of endothelial inflammation in several organs as a direct consequence of viral cytotoxic effects and the host inflammatory response, which can aggravate pre-existing chronic respiratory and vascular (coronary) dysfunction, and cause lung injury by alveolar damage, as well as stroke and myocardial infarction by inducing plaque rupture. Potential common pathophysiological mechanisms of increased risk thus relate to endothelial injury and pathways that regulate immune function. Further, there are strong indications of 4 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
increased susceptibility to viral infections from exposure to air pollution. It is also stated that lung injuries, including the life- threatening acute respiratory distress syndrome and respiratory failure, as well as acute coronary syndrome, arrhythmia, myocarditis, and heart failure, were shown to be clinically dominant, leading to critical complications. Recent studies in China, the USA, as well as Europe indicate that patients with cardiovascular risk factors or established cardiovascular disease and other comorbid conditions are predisposed to myocardial injury. From the available information, it thus follows that air pollution induced inflammation leads to greater vulnerability and less resiliency, and the pre-conditions increase the host vulnerability. Air pollution causes adverse events through myocardial infarction and stroke, and it is an additional factor capable of increasing blood pressure, while there is emerging evidence for a link with type 2 diabetes and a possible contribution to obesity and enhanced insulin resistance. Bronchopulmonary and cardiovascular pre-conditions, including hypertension, diabetes, coronary artery disease, cardiomyopathy, asthma, COPD, and acute lower respiratory illness, all negatively influenced by air pollution, lead to a substantially higher mortality risk.
7. On the mechanism of how PM2.5 can aggravate the respiratory disease, Prof. Thomas Munzel of Gutenberg University, Germany, said "When people inhale polluted air, the very small polluting particles, the PM2.5, migrate from the lungs to the blood and blood vessels, causing inflammation and severe oxidative stress, which is an imbalance between free radicals and oxidants in the body that normally repair damage to cells. This causes damage to the inner lining of arteries, the endothelium, and leads to the narrowing and stiffening of the arteries. 5 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
Extending this analogy to Indian conditions, it is possible to infer that deaths attributable to pollution in India may not be less than 15%.
(Extracted from O.A. No.240/2020, order dated 09.11.2020)
8. After the hearing of the petition/application, we opened the Bhopal Air Quality Index on website and found Bhopal Air Quality Index Air Pollution as 'unhealthy'. The data at the places - Amarnath Colony and Bagli Village is 'poor' and AQI of B Sector, Baghsewania, Chunabhatti, Ekant Park and K-Sector, Kasera Bazar, Rusali Sector-D, Sector D Industrial Area and Tatya Tope Nagar is reported and found to be 'unhealthy'. This is at 12:52 PM on 07.01.2025, just after the advancement of the arguments of the case.
9. We have also taken cognizance on the matter of air quality in Original Application No.192/2025(CZ), where the facts narrated are extracted below:-
1. In the present application highlights the fundamental rights of clean air and clean water a guaranteed under the Article 21 of Constitution of India within the State. Learned counsel for the applicant has highlighted the severe and escalating air pollution crises in Bhopal and other major cities of Madhya Pradesh, officially declared by the Central Pollution Control Board as non attainment cities under National Clean Air Programme (NCAP). These non-
attainment cities -- namely Bhopal, Indore, Gwalior, Jabalpur, Sagar, Ujjain, Dewas and Singrauli -- have repeatedly failed to meet the National Ambient Air Quality Standards (NAAQS) for PM₁₀ and PM₂.₅ for more than five consecutive years. The average annual PM₁₀ concentration in Bhopal ranges from 130 to 190 μg/m³ (against 60 μg/m³ permitted) and PM₂.₅ from 80 to 100 μg/m³ (against 40 μg/m³), proving persistent statutory non-compliance.
2. That Bhopal, once regarded as India's "City of Lakes," now experiences continuous haze and diminished visibility. Real-time air- quality data from the CPCB portal and Google Air Quality Index reveal AQI readings of around 287 during daytime and exceeding 300 at night, placing the city within the "Very Poor-Severe" category on most winter days. The deterioration is chronic rather than 6 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
episodic, reflecting cumulative emissions from multiple unregulated sources -- vehicular traffic, stubble-burning, construction and demolition dust, fire-cracker burning, open-waste combustion, and industrial discharges -- all aggravated by Bhopal's low-lying topography and stagnant winter wind conditions.
3. That the Hon'ble Supreme Court, in Aditya Dubey (minor) v. Union of India & Ors., W.P. (C) No. 1135 of 2020 (Order dated 16 December 2021), took cognizance of the recurring smog episodes in Delhi-NCR and directed the Commission for Air Quality Management (CAQM) to invite expert and public suggestions and to evolve a permanent, regional solution to the air-pollution menace. Pursuant thereto, the CAQM constituted an Expert Group (Order dated 07 January 2022), which, after wide consultation, framed a comprehensive sector-wise policy "for prevention, control and abatement of air pollution in NCR." As reflected in the CAQM press release dated 13 July 2022, this policy follows an air-shed approach and prescribes short-term (1 year), medium-term (2-3 years), and long-term (3-5 years) measures covering all key sectors -- industry, vehicles and transport, construction & demolition dust, road and open area dust, municipal solid-waste burning, crop-residue burning, DG sets, thermal power plants, clean-fuel transition, electric-mobility, public-transport expansion, greening, and fire-cracker regulation.
4. Supreme Court-endorsed CAQM framework thus provides a model of differentiated but coordinated regional management, emphasising strict, time-bound implementation and improved monitoring and compliance. However, the State of Madhya Pradesh has not adopted any comparable mechanism for its non-attainment cities, nor has it prepared an effective Graded Response Action Plan (GRAP) tailored to its air-shed. This omission violates the spirit of the Aditya Dubey directions and defeats the national objective of achieving NAAQS compliance under the NCAP.
5. Meanwhile, Bhopal's pollution load continues to rise. Crop-residue (stubble) burning remains rampant across adjoining districts -- Raisen, Sehore, Vidisha and Hoshangabad -- with over 31,000 incidents reported in early 2025, the highest in India. Despite penalties and awareness drives, smoke plumes drift towards urban agglomerations, elevating PM₂.₅ levels and producing visible haze. The Hon'ble National Green Tribunal, Central Zonal Bench, New Delhi, in the matter of original application no. 681/2018 directed all States to provide action plan for residue management and also air pollution; yet Madhya Pradesh's compliance remains negligible as 7 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
the plan was prepare but it was not effectively implemented. Even if assumed that action plan was effectively implemented still failed to reduce the air pollution, moreover air pollution has increased, requiring more effective plan.
6. Construction and demolition activities across Bhopal's Smart-City corridors and road-expansion works release continuous dust. Most sites lack dust barriers, sprinklers or wheel-washing pits; soil and sand are transported uncovered. The Hon'ble Supreme Court in M.C. Mehta v. Union of India (2018 SCC Online SC 2401) ordered immediate suspension of construction when AQI reaches "Severe" levels -- a principle entirely ignored by local authorities. Likewise, vehicular emissions remain unchecked: over 13 lakh vehicles operate in Bhopal, many without valid PUC certificates, and old diesel autos and heavy trucks continue to ply unrestricted, contrary to the Court's rulings in M.C. Mehta (1998) 6 SCC 63 and Vardhaman Kaushik v. Union of India (O.A. No. 21/2014), which mandated phase-out of polluting vehicles and stringent traffic management.
7. Festive fire-cracker burning compounds the crisis. Despite bbinding prohibitions in Arjun Gopal v. Union of India (2019) 13 SCC 523, conventional fireworks are freely used in Bhopal, driving AQI from "Poor" to "Severe" within hours. Open-waste burning and recurrent landfill fires at Bhanpur emit toxic smoke containing dioxins and furans, contrary to the directives in Almitra H. Patel v. Union of India (2000) 2 SCC 679 and the Solid Waste Management Rules 2016.
8. Bhopal's basin-like geography and winter inversion exacerbate accumulation of pollutants, leading to nighttime AQI exceeding 300- 330, visibility below 500 m, and widespread respiratory distress. Similar trends are recorded in other Madhya Pradesh non-attainment cities such as Indore, Gwalior and Jabalpur, confirming a statewide air-shed crisis."
10. A serious substantial issue of environment has been raised.
11. Issue notice to the Respondents, returnable within four weeks.
12. The Applicant is directed to take necessary steps for service to the Respondent by both ways and also on available email.
13. The Respondents are directed to submit the reply within four weeks through E-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
8 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
14. The Committee already constituted in Original Application No.192/2025(CZ) in para 13, shall also look into the matter of the present Original Application and submit a comprehensive report within six months. The State PCB will be the Nodal Agency for coordination and logistic support.
15. The Committee shall take steps for identification of airshed areas around the non-attainment cities including the semi-urban and rural areas which affects the air quality of that region. The Committee shall also prepare a well-structured Action Plan for these airshed areas adjoining the non-attainment cities for effect implementation of air quality improvement measures during the months when the air quality worsens and causes serious health issues to take precautionary/remedial measures adopting the Graded Response Action Plan (GRAP) formula. The Action Plan should indicate the responsibilities and the actions to be taken by the various stakeholder departments of the Government for effective implementation.
16. The Committee shall formulate and implement an Air Pollution Response Mechanism akin to the Graded Response Action Plan (GRAP) customized for the State of Madhya Pradesh, more specifically Bhopal, and other cities having a large population where the air quality is deteriorating to ensure mandatory enforcement of stage-wise restrictions whenever AQI reaches prescribed limit.
17. We further direct to constitute the committees for each city for effective execution and implementation of the Action Plan in the airshed areas associated with non-attainment cities of Madhya Pradesh consisting of members as below for Bhopal:-
(i) The Municipal Commissioner, Bhopal Municipal Corporation, Bhopal, 9 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
(ii) The Collector, Bhopal,
(iii) Commissioner of Police/Superintendent of Police, Bhopal,
(iv) Regional Transport Officer, Bhopal,
(v) District Health Officer, Bhopal,
(vi) District Agriculture Officer, Bhopal,
(vii) Executive Engineer, PWD, Bhopal,
(viii) Regional Officer, State PCB, Bhopal,
18. Similarly, the Committees to be constituted for other cities on same pattern for implementation of Action Plan. The State Government will be at liberty to include any other member deemed fit in the Committee for effective implementation of air pollution control measures.
19. We further direct the Municipal Commissioner, BMC and the Collector, Bhopal, to immediately implement urgent air pollution mitigation measures in consultation with the Department of Environment and expert bodies to control the AQI in the area adversely affecting the human health at present. The Municipal Commissioner, BMC, is directed to immediately stop the artificial manipulation of AQI monitoring by practice of excessive water spraying around monitoring stations and to ensure that AQI data recorded strictly in accordance with statutory norms and CPCB protocols.
20. Applicant is further directed to supply the required documents and copy of the application to the Committee and the Respondents within a week and after compliance of service. The Applicant has to submit an affidavit that notices and copy of the application have been served upon the Committee and Respondents.
21. The report in the matter be filed by the Committee by email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
10 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.
List it on 18th February, 2026.
Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 07th January, 2026, Original Application No.181/2025(CZ) AK 11 O.A. No.181/2025(CZ) Bhopal Citizen's Form through its Convenor Mr. Surendra Tiwari Vs. State Madhya Pradesh & Ors.