News Item Titled Kai Factories Ki ... vs State Of Madhya Pradesh on 17 April, 2026

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National Green Tribunal

News Item Titled Kai Factories Ki ... vs State Of Madhya Pradesh on 17 April, 2026

Item No.05

               BEFORE THE NATIONAL GREEN TRIBUNAL
                   CENTRAL ZONE BENCH, BHOPAL
          (THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

                       Original Application No.173/2025(CZ)


News Item Titled Kai Factories Ki
Chimniyan Ugal Rahi Jeher 14 Cigaratte
Pine Jitni Jeherili Hui Hawa Appearing In
Nav Duniya Dated 9th November 2025                               Applicant(s)

                                       Vs.

State of Madhya Pradesh & Ors.                                   Respondent(s)


Date of Hearing: 17.04.2026

CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
       HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER


      For Applicant (s):            Suo Moto

      For Respondent(s) :           Ms. Parul Bhadoria, Adv. for MPPCB


                                    ORDER

1. Issue of serious industrial pollution raising to the dangerous level and causing breathing problems to the citizens have been highlighted by the Nav Duniya and reported in the report dated 09.11.2025. It is reported that the chimneys of several factories in the Mandideep industrial area are continuously releasing toxic fumes, making the air extremely hazardous. Experts warn that breathing the city's air is now equivalent to smoking 14. On Saturday, pollution levels skyrocketed -

the PMl0 index briefly crossed 250 and peaked at 773, while PM2.5 levels remained above 290 for nearly an hour. PM10 represents large airborne particles such as dust, ash, and soil. Its safe limit is 100 AQI, but it surged to 750, placing the air quality in the 'severe' category.

Similarly, PM2.5 - the fine particulate matter that can penetrate deep into the lungs and blood stream - normally should not exceed 60 AQI, 1 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. yet it stayed above 290 for about an hour. Residents report breathing difficulties, eye irritation, and worsening respiratory problems. Despite this, the pollution Control Board (PCB) has taken no action. No factory has been issued a notice, and operations in the industrial area continue without any restrictions. Many factories chimneys do not comply with government standards, releasing toxic effluents into the air. According to the PCBs own records, Mandideep's AQI exceeded 300 on Saturday, while PM10 reached 509 the previous day - both levels posing severe health risks. It is further alleged that if any immediate action is not taken, the effect will become disastrous within a few days in the Mandideep area.

2. The matter was taken up by this Tribunal and a Committee was also constituted to submit the factual and action taken report. The Members of the Committee visited the site and submitted the report as follows:-

"ACTION TAKEN REPORT Joint committee report in original application No. 173/2025 in "News Item Titled "Kai Factories Ki Chimniyan Ugal Jeher 14 Cigarette Pine Jitni Jeherili Hui Hawa" appearing in Nav Duniya Dated 9th November, 2025, Suo Motu Vs. State of Madhya Pradesh & Ors.

A. FIELD OBSERVATIONS:

The Joint committee conducted site visit of Industrial Area Mandideep on dated 06/02/2026, 11/02/2026, 27/02/2026 and on dated 06/03/2026. During inspection Dr Prashant Jain, CMO, Nagar Palika, Mandideep, Mr Rajesh Patidar, Assistant Engineer, MPPPCB were also present. The Geographical locations, photographs and visual observations were recorded during inspection. The Photographs taken during inspection are enclosed as Annexure-1. Also, the geographical locations are measured using mobile based application and duly marked on Google Earth Map. The marked google earth imagery is enclosed as Annexure-2. The observations were recorded during inspection are as under:

O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors.

1. Industrial Area Mandideep is located approx. 23 km south of Bhopal in Raisen district, hosting over 500 units of polluting and non polluting nature.

2. The Industrial Area is developed by MPIDC and it is having 08 sectors. The National Highway-46 is passing between the industrial area and industries are established on both side. The Mandideep Railway Station is located on the West side of the industrial area.

3. The outer area of industrial area is surrounded by agriculture field.

4. One cargo container loading unloading facility is functional on the East Side of railway line near the Mandideep Railway station. The daily movement of cargo containers are approx.

300.

5.The large number of cargo containers are found stored within the premises of the facility. These are transported to other place by heavy duty trailers.

6. The industrial area is stretched in to a length of approx. 05 KM along the NH-46 on both side of it.

7.MPIDC has provided the cement concrete roads within the industrial area and found in good condition. The shoulders are not covered with paver block to prevent soil access to the road with vehicle tyres.

8.On the right and left side of the highway two service roads are provided for local transportation. The Maintenance of national highway portion in industrial area Mandideep and the two service roads are done by MPRDC.

9.Both the service roads are found layered with dust on it and it is observed that lot of dust emission due to movement of vehicles.

10.The service roads are found damaged at various places and that leads to dust emission due to vehicle movement.

11. Approx 2.20 KM long green belt on both side of national highway is developed by MPIDC. The west side width of green belt is approx 55 meters and on the east side width is approx. 22 meters. The total 5.50 KM long stretch of industrial area is along national highway.

12. Apart from the industrial area setup, Mandideep market / township is located on the proximity of the industrial area on 3 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. the North-West side. The population of the Mandideep township is approx. 59654 as per 2011 census.

13. The township is consisting of residential flats, shops, hotels/restaurants and hawkers. The internal road is also contains dust.

14. The high traffic of vehicles observed on the National Highway and heavy vehicle movement in the night time. Dust is not observed on the national highway only tail pipe emission is prominent on NH.

15. The continues fugitive dust emission is observed from the service roads and industrial area roads.

16. There are approx. 74 Air Polluting industries operating in the industrial area which are having Boilers/ Furnace and Stack.

17. The air polluting industries stack were observed during inspection and it is observed that no continues thick black emission is observed except in some industries the black smoke emission is observed which was reduced to invisible after some time. The details of the industries were noted down.

18. In the night time due to lack of visibility the emission from the stacks of industries also not visible. The AQI of the Mandideep area found increase in the night time.

19. The continues ambient air quality monitoring station (CAAQMA) is located in the proximity of cargo container depot located on west side, Mandideep township on north side, national highway on east side and insulator electrical industry on south side.

20. Dust is found deposited on the buildings, sheds, plants & trees leafs, road surface near the CAAQMS station. Which shows that primary concerned in the area is fugitive emission of dust.

B. STATUS OF AMBIENT AIR QUALITY OF THE AREA The Regional Office of M P Pollution Control Board Mandideep presented the data of ambient air quality of Mandideep monitored by one Continues Ambient Air Quality Monitoring Station (CAAQMS). The CAAQMS station measured the ambient air quality parameters on real time basis and sent the ambient air quality data to central server of Central Pollution Control Board (CPCB) and MPPCB through internet. Also, the monitored parameters and Air Quality Index (AQI) is displayed to public by one LED display board installed at Mandideep township. The 4 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. main air quality parameters analyzed through CAAQMS are PM10, PM2.5, Carbon Mono-oxide (CO), Ozone (OZ), Nitrogen Oxide (NOx), Sulphur Dioxide (SO2). The CAAQMS Data are measured at an interval of 15 minutes and accordingly disseminates. The ambient air quality monitoring carried out by CAAQMS in the Year 2025 are analyzed for knowing the air quality status of Mandideep area. These data are assessed and compared as per the standards published in the Ministry of Environment, Forest and Climate Change Notification Dated 18/11/2009 enclosed as Annexure -3. As per National ambient air quality standards, the data are summarized on 24 hrs time weighted average and the ambient air quality status of Mandideep is identified/assessed.

The data monitored by CAAQMS are obtained for year of 2025 are tabulated and enclosed as Annexure -4. While observing the tabulated data it shows that mainly PM10 & PM2.5 are showing as the prominent pollutants in the 24 hrs time weighted average. Similarly reviewing the air quality data of Mandideep, District-Raisen of dated 08/11/2025 obtained from CAAQMS database shows that at around 1 AM night, the PM10 and PM 2.5 data reached 773 µg/m3 and 294 µg/m3respectively for approx. 1 hr. As per standard representation of PM10 and PM2.5 for dated 08/11/2025 the 24 hrs time weighted average were 235 µg/m3 and 91µg/m3 respectively and AQI for the day was 209. It is observed from the ambient air quality data of the month November 2025 in which AQI not observed in the severe category.

The graphs are prepared by averaging the monthly data of PM10 & PM2.5 and of AQI. The AQI is also counted how many time it was above 200 and how many time it was below 200 in year 2025 and represented as PIE chart. The graphs and PIE chart are shown as under:-

YEAR 2025 5 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors.

O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. SOURCES OF AIR POLLUTION

1. INDUSTRIAL ACTIVITIES:

The main sources of Air Pollution in the area are identified as Industrial activities, fugitive dust emission from the roads due to vehicle movement, vehicle exhaust emission. As per the information provided by MP Pollution Control Board, the sources of air pollution in industries are from Boilers, Furnaces, DG Sets, loading/ unloading activities. The fuel used in the Boilers and furnaces includes Coal, Rice Husk, Bio briquette, Diesel, Furnace oil (FO), PNG/LPG, Propane. It is submitted that the Boilers and Furnaces are installed with air pollution control arrangements and the laden gases generated from combustion process within Boilers & Furnaces are passed through air pollution control arrangements to remove the dust pollution and released to atmosphere through Stack of appropriate height. This causes the dispersion of air pollutants in to the atmosphere with sufficient dilution. The air pollution control arrangements provided by the industries includes multicyclones dust collectors, Bag filters / Electrostatic Precipitator (ESP), Scrubber and stack. The emission concentration from the stack is proportional to the fuel consumption in the Boiler / furnace and the efficiency of pollution control arrangements provided for pollution mitigation. In this regard the details of industries with product, the sources of air pollution, its capacity, fuel type, air pollution control arrangements provided, the prescribed standards are reviewed and compiled in tabular form. The details are enclosed as All above industries mentioned in the Annexure-5, have obtained the consent under Water(Prevention and Control of Pollution) Act 1974 7 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. and Air(Prevention and Control of Pollution) Act 1981 from MPPCB. Apart from the point source of air pollution in the industries, there are non point sources of air pollution also exists. The fugitive emission generation due to the material handling, loading/unloading, movement of vehicles within the industrial premises are also observed. For reduction of non point dust emission due to material handling, loading /unloading, movement of vehicles, industries have provided cement concrete roads/platforms within the premises. Regular road sweeping and water sprinkling are practiced by the industry and this is observed through the housekeeping of the industries. Green plantation is observed within and around the premises of industries.

There are 05 Iron & Steel rerolling/re-heating mills are established in the area out of which 02 rerolling mills are currently in operation others are closed since long. These Industry have installed bag filter and 30 meter stack for furnace emission control also for fugitive emission generated due to charging of furnace are controlled by secondary Air Pollution control arrangements that include the suction hood attached with the Bag filter. Industries are also instructed to install doghouse on the induction furnace to strengthen the existing Pollution control arrangement. M/s Satrang Steel have started the installation work..

Earlier two large scale industries have installed Coal based captive thermal power plants in the industrial area mandideep. M/s HEG ltd have installed and operated 32 MW TPP and 30 MW TPP in their premises and M/s Vardhman Yarns has installed Thermal Power Plant -of 30 MW. These thermal power plants are closed since last one year and currently not in operation. M/s HEG ltd is a large- scale industry and a high air polluting industry. Earlier Furnace oil / Coal were used as Fuel for the manufacturing process, now industry is using PNG a clean fuel for manufacturing process and approx 75% fuel is PNG. It was observed that thick plantation is done within and around the premises and road dust is cleaned by mechanical dust sweeping machines with water sprinkling.

As per MPPCB record, there are 12 industries who have opted the clean fuel PNG in place of FO/ Coal. The use of fuel such as PNG/CNG/LNG/Propane in the boilers/furnaces have reduction in presence of particulate matter in the source emission. The industries having boilers/furnaces and operated on Coal/ Agri waste fuel are the primary source of particulate matter contributed in the source 8 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. emission. also the induction furnaces operated on electric or also contributed in the particulate matter in source emission. As per the directions of Central Pollution Control Board, 06 number of industries are having Online Continues Emission Monitoring (OCEM) and the system is connected to the Environmental Surveillance Center (ESC) of MPPCB. In case of exceedance of source emission parameters an alert is issued on their registered mobile.

Considering the CAAQMS data and the trend of PM10, PM2.5 and AQI on daily basis the increase is observed in the late evening to the midnight. During inspection, no continues thick smoke is observed from the stacks of industrial area Mandideep industries, but in few industries, it was observed for a moment specially during the charging phase of Boilers / furnaces. To check the other industries which are using Coal/Agri waste fuel and induction furnace which contribute to the PM10, PM2.5 should be monitored on continues basis by installing Online Continues Emission Monitoring (OCEM). One cargo container depot is established near the Mandideep Railway Station. The metal cargo containers are transported through Railways and through heavy vehicle-based trailers to other places. The dust emission is observed during the transportation of these cargos containers through vehicle mounted trailers. It is also observed that the roads surfaces are layered with fine dust and during the movement of vehicles the fugitive emission is generated and it is kept is suspension due to continues movement of vehicles in the area.

2. OTHER ACTIVITIES During inspection it was observed that due to the heavy traffic on the two service roads and internal roads of Mandideep and the presence of dust on the roads, dust emission is observed from the roads. The conditions of service roads are also not good and pot holes are observed at several places in the stretch within Mandideep. The roads are having open shoulders exposed to soil and this leads to accesses of dust on the road surface with vehicles tires. The internal roads of industrial area are made of cement concrete and they are in good condition but dust is observed on the surface of the roads. This may be due to open shoulders of the roads exposed to soil.

The stretch within Mandideep area of national Highway no 46 is found in good condition. Dust is observed on the edge of the road due to drop from the material transportation specifically the river sand carrying vehicles. The material loaded on the vehicles should be 9 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. covered with green net so that no drop of material should take place during transportation on the highway.

The burning of Agri waste in the surrounding agriculture fields is a seasonal activity also contribute to dust emission. The commercial /domestic activities within the Mandideep township also contributes to dust emission. The fire incidents in the Mandideep area also generate thick smoke and which also contribute to the air pollution of the area.

C. ACTION TAKEN MP Pollution Control Board has taken following action in reference to control the Air pollution in Mandideep area:

i. Surprise inspection of industries and air quality monitoring:

Regional Office, MPPCB has conducted surprise check of the industries of industrial area Mandideep in the Year 2024. 2025. ii. Notice to industry regarding compliance of Air Consent Conditions Notices to the air polluting industries of Mandideep industrial area issued on dated 06-02-2026 instructing them to complied with conditions of air consent issued under Air (Prevention and control of Pollution) Act 1981 and submit the compliance status along with source and ambient emission monitoring report from an accredited laboratory. The industries have submitted there responses along with compliance and monitoring report.

iii. Notices to industry for proper operations of Boiler/ Furnaces During the inspection of industrial area on dated 06-02-2026, 11-02- 2026, 27-02-2026 and 06-03-2026 the thick smoke was observed from the stack of some industries for the period of not more than one minute. While inquiring about the emission it is inform that it is happened have the initial/charging of boilers/furnaces but immediately after that the emission from the stack is found almost invisible. To avoid such incidents of thick emission notices are issued on dated 06-03-2026 to the concern industries namely M/s Ram Multi Solvex India Ltd., M/s Bansal Extraction & Exports Pvt. Ltd., M/s Sourabh Metals Pvt. Ltd., M/s Bhaskar Industries Private Limited, M/s Agrifinity Industries Private Limited, M/s C.J. Gelatine Products Limited, Badri Cotsyn Pvt. Ltd., M/s Satrang Steel Alloys Pvt. Ltd., M/s Alesco Surgipharma Private Limited, M/s Insulators & 10 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. Electrical Company, M/s Makeson Health Care Private Limited, M/s K.G. Iron & Steel Castings (P) Ltd., M/s Majestic Basmati Rice Private Limited, M/s Orient Kagaz Converters Pvt. Ltd Unit-II, M/s Pitambar Cerelaces Pvt. Ltd., M/s Bansal Ore and Metals Pvt. Ltd. Unit-2. Orient Kagaz Converters (P) Ltd. Plto 14,15&16., M/s Makeson Health Care Private Limited Plotno. 6-A, M/s Sonic Biochem Extraction P. Limited.

iv. District Administration for control of Agri-waste burning In reference to agro waste burning incidents and the corresponding action regarding control of such incidents, Tehsildar Goharganj has submitted the action taken report vide letter dated 10-03-2026. The copy is enclosed as Annexure-9. As per the letter FIR is registered on 6 persons and a penalty is imposed on 23 persons in reference to the parali burning incidents.

V. MP Road Development Corporation Notice issued to Regional Manager M.P. State Road Development Corporation (MPRDC) on dated 06-03-2026 regarding maintenance of service road and national highway in the Mandideep industrial area also construct the shoulder of service road by providing paver blocks.

vi. Municipal Council Mandideep In reference to control the fugitive emission from the internal road of Mandideep township by regular dust sweeping and water sprinkling the information is submitted by Municipal Council Mandideep vide letter dated 10-03-2026 informing the action of water sprinkling on the roads.

vii. Madhya Pradesh Industrial Development Corporation Notice issued to Madhya Pradesh Industrial Development Corporation on dated 09-03-2026 regarding maintenance of internal industrial area road by constructing the shoulders of road by providing paver blocks."

3. Adverse health impact of polluted air quality has been noted inter-alia in judgement of Hon'ble Supreme Court in M.C. Mehta v. UOF, M.C. Mehta v. UOP, M.C. Mehta v. UOB and K. Guruprasad Rao v. State of Karnataka, and order of this Tribunal dated 17.02.2021 in O.A. No. 11 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. 1016/2019, Utkarsh Panwar v. CPCB & Ors. wherein the Tribunal directed stopping of all brick kilns in NCR beyond the assimilative carrying capacity in the air in NCR, till such brick kilns shift to PNG.

Till shifting to PNG, it was directed that the brick kilns cannot operate except in limited number and only from March to June when assimilative air capacity permits such operations. The impact of air pollution on public health is noted in the order of the Hon'ble Supreme Court in Arjun Gopal & Ors. v. UOI & Ors.:

4. In Arjun Gopal & Ors. v. UOI & Ors., it was observed that the residents of NCR faced severe air quality standards which were worst in the World. It had serious adverse health impact. Life of citizens in NCR had been brought to virtual standstill. The Capital was placed in an environmental emergency of unseen proportions. It will be appropriate to extract some observations from the judgment:-

"4. The onset of winter and the festival/marriage season this year, presented to the residents of NCR severe concerns regarding the air quality standards. According to reports, the air quality standards in early November of this year were the worst in the world. It is reported that the PM2.5 levels recorded were "beyond scale" values (see India's Air Quality Among World's Worst Over Diwali Weekend:

Report. 4-11-2016, Hindustan Times). The report indicates that 24- hour average of PM2.5 levels in South Delhi in 2016 were 38% higher 12 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. than on the Diwali night of 2015. The day after Diwali, these levels were twice as high as the day after Diwali in 2015, crossing 650 µg/m³, which is 26 times above the WHO's standards or levels considered safe. Shockingly, on the morning of 1-11-2016, Delhi woke up to an average PM2.5 level of over 700 µg/m³ some of the highest levels recorded the world over and 29 times above WHO standards. The report further states that the WHO guideline for 24- hour average PM2.5 levels is 25 µg/m³ and with an annual average PM2.5 level of 122 µg/m³, Delhi's air is the worst among global megacities with dense populations. We have particularly referred to the PM 2.5 levels because of the extreme effects and near invisibility of this type of particulate matter. PM2.5 or particulate matter 2.5 (PM2.5), refers to tiny particles or droplets in the air that are two-and- one-half microns or less in width. It may be noted that the widths of the larger particles in the PM2.5 size range would be about thirty times smaller than that of a human hair. These particles primarily emanate from vehicle exhausts and other operations that involve the burning of fuels such as wood, heating oil or coal, and of course, use of fire crackers.

5. In India, air quality standards are measured in terms of the Air Quality Index (hereinafter "AQI"). The AQI was launched in India on 17-10-2014 by the Ministry of Environment and Forests. According to the press release of the Press information Bureau of the same date, it consists of a comprehensive set of parameters to monitor and asses the air quality. The AQI considers eight pollutants (PM10, PM2.5, NO2, SO2, CO, O3, NH3, and Pb), and based on the levels of these pollutants six categories of AQI ranging from "Good" to "Severe" have been prescribed. The index also suggests the health effects of the pollution categorywise. The gradation of AQI and its health impact is extracted below:

Tables 1 and 2 have already been reproduced in para 1 above and are not being repeated.

xxx................xxx................xxx..................xxx.....................

6. Reports indicate that AQI in Delhi was much above the severe standard, shooting off the AQI 500 mark on many days this November. On the day after Diwali, it was more than 14 times the safe limits (see Delhi's Pollution Levels Peaks at 14-16 Times Safe Limits, 31-10-2016, The Hindu). The adverse health effects of these hazardous levels of pollution are only too evident from the table given above. We do not intend to refer to the multiplicity of reports and data on this front.

7. The hazardous levels of air pollution in the last few weeks has spared very few from its ill effects. The life of the citizens of NCR was brought to a virtual standstill, not to speak about the plight of the thousands of mute flora and fauna in NCR. Schools were declared shut, denizens of the city advised to stay indoors, construction activities stopped, power stations shut and ban imposed on burning of garbage and agricultural waste. The fall in air quality has had a significant impact on people's lifestyle as well. The rising costs to protect against air pollution are substantial. It has come to our notice that people are queuing up to purchase protective masks and air purification systems in the wake of dense smog all over the NCR. In short, the capital was "smogged" into an environmental emergency of unseen proportions."

5. The adverse effects of these extreme levels of air pollution spare no one the young, the old, the infirm and even the future generations. A study of the data of the Global Health Depository of the World Health Organisation reveals that India has the world's highest death rate from chronic respiratory diseases and that about 1.5 million people in India die annually due to indoor and outdoor pollution (see Delhi Wakes up to an Air Pollution Problem it cannot Ignore, 15-2-2015, The New York Times). The Kolkata-based Chittaranjan National Cancer Institute (CNCI), in a study commissioned and handed over to the Central Pollution Control Board, found that key indicators of respiratory health, lung function to palpitation, vision to blood pressure, of children in Delhi, between four and 17 years of age, were worse off than their counterparts elsewhere. It also found that more than 40% of the school children suffer from lung damage (see Landmark Study Lies Buried, 2- 4-2015, The Indian Express). We note with apprehension that there are nascent studies that suggest that pollution can lower children's IQ, hurt their test scores and increase the risks of autism, epilepsy, diabetes and even adult-onset diseases like multiple sclerosis (see Holding Your Breath in India, 29-5-2015, The New York Times).

6. When we refer to these extreme effects, we are not merely referring to the inconvenience caused to people, but to abject deprivation of a range of constitutionally embedded rights that the residents of NCR ought to have enjoyed. Needless to state, the grim situation of air quality adversely affected the right to education, work, health and ultimately, the right to life of the citizens, and this Court is constitutionally bound to address their grave concerns. May we remind ourselves, that this is not the first time that this Court was impelled into ensuring clean air for the citizens of the capital region (see M.C. Mehta v. Union of India [M.C. Mehta v. Union of India, (1998) 6 SCC 60], [M.C. Mehta v. Union of India, (1998) 9 SCC 589], М.С. Mehta v. Union of India [M.C. Mehta v. Union of India, (1998) 8 SCC 648] and M.C. Mehta v. Union of India [M.C. Mehta v. Union of India, (1998) 8 SCC 206] ).

7. The Precautionary Principle has been elaborated in A.P. Pollution Control Board case [A.P. Pollution Control Board v. M.V. Nayudu, (1999) 2 SCC 718) as under:

"31. The "uncertainty of scientific proof and its changing frontiers from time to time has led to great changes in environmental concepts during the period between the Stockholm Conference of 1972 and the Rio Conference of 1992. In Vellore Citizens' Welfare Forum v. Union of India [Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647 a three-Judge Bench of this Court referred to these changes, to the "precautionary principle" and the new concept of "burden of proof"

in environmental matters. Kuldip Singh, J. after referring to the principles evolved in various international conferences and to the concept of "sustainable development", stated that the precautionary principle, the polluter pays principle and the special concept of onus of proof have now emerged and govern the law in our country too, as is clear from Articles 47 , 48-A and 51-A(g) of our Constitution and that, in fact, in the various environmental statutes, such as the Water Act, 1974 and other statutes, including the Environment (Protection) Act, 1986, these concepts are already implied. The learned Judge declared that these principles have now become part of our law. The 15 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. relevant observations in Vellore case [Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647] in this behalf read as follows:

(SCC p. 660, para 14) '14. In view of the abovementioned constitutional and statutory provisions we have no hesitation in holding that the precautionary principle and the polluter pays principle are part of the environmental law of the country.' The Court observed that even otherwise, the abovesaid principles are accepted as part of the customary international law and hence there should be no difficulty in accepting them as part of our domestic law. In fact, on the facts of the case before this Court, it was directed that the authority to be appointed under Section 3(3) of the Environment (Protection) Act, 1986 'shall implement the "precautionary principle" and the "polluter pays principle"".

The learned Judges also observed that the new concept which places the burden of proof on the developer or industrialist who is proposing to alter the status quo, has also become part of our environmental law.

32. The Vellore [Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647] judgment has referred to these principles briefly but, in our view, it is necessary to explain their meaning in more detail, so that courts and tribunals or environmental authorities can properly apply the said principles in the matters which come before them.

33. A basic shift in the approach to environmental protection occurred initially between 1972 and 1982. Earlier, the concept was based on the "assimilative capacity" rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environment to assimilate impacts and it presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the "precautionary principle", and this was reiterated in the Rio Conference of 1992 in its Principle 15 which reads as follows:

'Principle 15. - In order protect the environment, the precautionary approach shall be widely applied by States according to their 16 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for proposing cost-effective measures to prevent environmental degradation.'

34. In regard to the cause for the emergence of this principle, Charmian Barton, in the article earlier referred to in "The Status of the Precautionary Principle in Australia" ((1998) 22 Harvard Environmental Law Review 509 at p. 547] says:

There is nothing to prevent decision-makers from assessing the record and concluding that there is inadequate information on which to reach a determination. If it is not possible to make a decision with "some" confidence, then it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harm. An informed decision can be made at a later stage when additional data is available or resources permit further research. To ensure that greater caution is taken in environmental management, implementation of the principle through judicial and legislative means is necessary.' In other words, the inadequacies of science is the real basis that has led to the precautionary principle of 1982. It is based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible.

35. The principle of precaution involves the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. It is based on scientific uncertainty. Environmental protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by (justified) concern or risk potential. The precautionary principle was recommended by the UNEP Governing Council (1989). The Bomako Convention also lowered the threshold at which scientific evidence might require action by not referring to "serious" or "irreversible" as adjectives qualifying harm. However, summing up the legal status of the precautionary principle, one commentator characterised the principle as still "evolving" for though it is accepted as part of the international customary law, the consequences of its application in any potential situation will be influenced by the circumstances of each case'. (See First Report of Dr. Sreenivasa Rao Pemmaraju Special Rapporteur, International Law Commission dated 3-4-1998, paras 61 to 72.)"

O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors.

(emphasis in original) "36. We shall next elaborate the new concept of burden of proof referred to in Vellore case [Vellore Citizens' Welfare Forum v. Union of India, (1996) 5 SCC 647] at p. 658. In that case, Kuldip Singh, J. stated as follows: (SCC p. 658, para 11) '(iii) The "onus of proof" is on the actor or the developer/industrialist to show that his action is environmentally benign."

37. It is to be noticed that while the inadequacies of science have led to the "precautionary principle", the said "precautionary principle"

in its turn, has led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, is placed on those who want to change the status quo (Wynne, "Uncertainty and Environmental Learning:

Reconceiving Science and Policy in the Preventive Paradigm" ((1992) 2 Global Environmental Change 111 at p. 123]). This is often termed as a reversal of the burden of proof, because otherwise in environmental cases, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, it is necessary that the party attempting to preserve the status quo by maintaining a less polluted state should not carry the burden of proof and the party who wants to alter it, must bear this burden. (See James M. Olson, "Shifting the Burden of Proof: How the Common Law can Safeguard Nature and Promote an Earth Ethic" (1990) 20 Environmental Law 891 at p. 898]) (Quoted in "The Status of the Precautionary Principle in Australia" (1998) 22 Harvard Environmental Law Review 509 at p. 547] at pp. 519, 550.)

38. The precautionary principle suggests that where there is an identifiable risk of serious or irreversible harm, including, for example, extinction of species, widespread toxic pollution in major threats to essential ecological processes, it may be appropriate to place the burden of proof on the person or entity proposing the activity that is potentially harmful to the environment. (See Report of Dr Sreenivasa Rao Pemmaraju, Special Rapporteur, International Law Commission, dated 3-4-1998, Para 61.)"

(emphasis in original)

11. In Vellore Citizens' Welfare Forum case, 1996) 5 SCC 647, the Hon'ble Supreme Court banned the tanneries when it was found that they were causing immense damage to the environment. Environment protection, which is a facet of Article 21, was given supremacy over the right to carry on business enshrined in Article 19(1)(g) Following the said principle, it has been held that protection to health will have 18 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. to be given priority. Health hazards in the form of various diseases that are the direct result of air pollution are well known. It leads to asthma, coughing, bronchitis, retarded nervous system breakdown and even cognitive impairment. Some of the diseases continue on a prolonged basis. Some of these which are caused because of high level of PM2.5 are even irreversible. In such cases, patients may have to continue to get the medical treatment for much longer period and even for life. Though there are no statistics as to what would be the cost for treating such diseases which are as a direct consequence of fireworks on these occasions like Diwali, it can safely be said that this may also be substantial.

12. It is well known that Carrying capacity is a facet of sustainable development. It is inherent in 'Precautionary Principle' as well as in 'Inter-generational Equity'. In MC Mehta v. UOI & Ors.7, construction activity in the catchment area of Badkhal were directed to be restricted/regulated to the level of Carrying capacity. It was observed that:-

"Preventive measures have to be taken keeping in view of the carrying capacity of the ecosystem operating in the environmental surroundings under consideration."

13. In Vellore Citizens' Welfare Forum v. UOI & Ors., it was observed that quality of human life is to be improved within the carrying capacity to supporting ecosystem. Relevant extract is as follows:-

"10....... During the two decades from Stockholm to Rio "Sustainable Development" has come to be accepted as a viable concept to eradicate poverty and improve the quality of human life while living within the carrying capacity of the supporting ecosystems. "Sustainable Development" as defined by the Brundtland Report means "Development that meets the needs of the present without compromising the ability of the future generations to meet their own needs". We have no hesitation in holding that "Sustainable Development as a balancing concept between ecology and development has been accepted as a part of the customary international law though its salient features have yet to be finalised by the international law jurists."

14. These observations are reiterated in (2006) 6 SCC 371. Tribunal's Approach to the subject

15. The Tribunal has a mandate to follow these principles under Section 20 read with Section 15 of the NGT Act and can issue appropriate directions for enforcement of these principles, as laid 19 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. down in Mantri Techzone Pvt. Ltd. v. Forward Foundation and Ors., and the Director General (Road Development) NHAI v. Aam Aadmi Lok Manch." Environmental rule of law requires strict enforcement of these principles as laid down in Hanuman Laxman Aroskar v. UOI)."

8. This Tribunal in O.A. No. 681/2018, vide order dated 21.08.2020, dealt with the remedial measures for restoration of air quality in 122 Non-

Attainment Cities including Delhi where air quality is generally beyond norms. The Tribunal directed stopping polluting activities, including brick kilns and assessment of carrying capacity of urban areas to take policy decisions to control polluting potential activities beyond carrying capacity. The Tribunal observed:-

"3. The Tribunal noted the concern arising from such large scale air pollution which grapples the country in spite of statutory mechanism under the Air Act, directions of the CPCB under section 18(1)(b) dated 29.12.2015 and directions of the Hon'ble Supreme Court for control of vehicular pollution", industrial and construction sector pollution14, power sector pollution 15 and agricultural sector pollution16 and orders of this Tribunal dealing with the said issues. The Tribunal also referred to a Comprehensive Action Plan (CAP) for air pollution control for NCR prepared in pursuance of order of the Hon'ble Supreme Court dated 06.2.2017 by the Environment Pollution (Prevention and Control) Authority (EPCA) in consultation with the CPCB and Delhi Pollution Control Committee (DPCC) on 05.04.201718 and Graded Response Action Plan (GRAP) notified by the MoEF&CC on 12.01.2017 stipulating specific steps for different levels of air quality such as improvement in emission and fuel quality and other measures for vehicles, strategies to reduce vehicle numbers, non- motorised transport network, parking policy, traffic management, closure of polluting power plants and industries including brick kilns, control of generator sets, open burning, open eateries, road dust, construction dust, etc. 19

4. Implementation of prescribed norms in the light of legal provisions and court directions remains a challenge. The consequence is that India is being ranked high in terms of level of pollution compared to many other countries with enormous adverse impact on public health. Most victims are children, senior citizens and the poor.

O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors.

5. The GRAP categorises levels of pollution as severe plus, severe, very poor, moderate to poor. The action to be taken in such situations includes stopping entry of trucks, stopping construction activities, odd and even scheme of private vehicles, shutting of schools, closing of brick kilns, stone crushers, hot mix plants, power plants, intensifying public transport services, mechanized cleaning of road, and sprinkling of water, stopping the use of diesel generator sets, enhancing parking fees, etc.

6. The MoEF&CC has by various notifications put restrictions on activities in Coastal areas, Flood plains, Taj corridor Eco-sensitive zones, etc. in view of ecological sensitivity and impact of such activities on environment if such activities are carried out in unregulated areas. This needs to be extended to the NACs in view of impact on public health and environment to give effect to the 'Precautionary' and 'Sustainable Development' principles."

7 to13..xxx................xxxx................xxx...............xxx................

9. We may also refer to direction issued by the CPCB on 27.11.2020 under Section 18 (1) (b) of the Air (Prevention & Control of Pollution) Act, 1981 for upcoming industrial units in NCR to use only gas and also refers to an earlier order requiring even the existing industries in NCR Delhi, to shift to PNG by 31.03.2019 where gas supply is available. The relevant part of the order is quoted below:-

"xx..................xx..............xx............xx.......................... Whereas, considering the Considering deteriorating air quality in NCR-Delhi and also the fact that already directions have been issued to all the existing industries in NCR-Delhi to switch over to cleaner fuels, it is decided that only those new industrial units shall be allowed to set-up in NCR-Delhi, which use cleaner fuels namely, natural gas (PNG/CNG), liquefied petroleum gas, bio gas, propane, butane etc. and Now therefore, in view of the above and exercising the powers conferred under section 8(1)(b) of Air (Prevention and Control of Pollution) Act, 1981, you hereby directed to allow only those new industrial units in NCR-Delhi, which are using cleaner fuels, namely, natural gas (PNG/CNG), liquefied petroleum gas, bio-gas, propane, butane etc."

10. We may also refer to order of this Tribunal dated 01.12.2020 in Ο.Α.

No. 249/2020 whereby the Tribunal banned the fire crackers throughout India where air quality is poor and above in the interest of protection of public health. Extract from order dated 1.12.2020 in OA 249/2020 is reproduced below:

"18........... If the air quality is 'poor' and above, it has been held by the Hon'ble Supreme Court in the table quoted in para 4 above that there is danger of heart diseases, respiratory illness and other serious health impact even before Covid. Covid is going to further aggravate the situation and therefore atleast in areas where air quality is 'poor' and above, no bursting of fire crackers should be permitted in view of 'Precautionary' principle, to be statutorily enforced by this Tribunal under Section 20 read with section 15 of the National Green Tribunal Act, 2010."

11. In O.A. No.19/2021 this Tribunal monitored and observed the various factors of the air pollution as follows:-

"6.1 General recommendations for non-industrial sectors to control the emission 6.1.1 Domestic Sector The domestic sector contributes nearly 437 Gg of PM2.5 (19% of the total PM2.5 emission) per year over the IGP. This emission is primarily due to the use of solid fuel and traditional Chulha in rural locations. In a highly populated country like India, giving subsidy in each individual household might not be feasible. But the rural and partly some semi urban and urban population are unwilling to use cleaner fuel (LPG) instead of free or less costly solid fuel. Hence, promoting the cleaner fuel through Pradhan Mantri Ujjwala Yojana and providing support to the economically weaker section like BPL ration card holders should be considered. During critical winter months (November and December), if the families using solid fuel only (estimated number of families 3,60,75,200) use domestic LPG (estimated 7,21,50,401 number of domestic LPG cylinders required @two cylinders per family during the season), 108 Gg of net PM2.5 emissions can be reduced over the IGP. Another solution to control the 22 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. domestic emission might be promoting improved cook stoves in the rural areas. Providing one improved cook stove can run for one or two years for a family and this can significantly reduce the emission from the domestic solid fuel burning. Cattle dung can be used as an alternative of coal in nearby coal-based industries with high PM2.5 control efficiencies and provide some financial benefit to the rural population.

6.1.2 Soil and Dust All source apportionment and inventory studies in the region show overwhelming impact of dust especially during summer that is inevitable in these geo-climatic conditions. The net emission of soil and road dust is 225 Gg/year (~10% of the total PM2.5 emissions over the region). Loose crustal soil and high wind effect in the Indo- Gangetic Plain contribute to this phenomenon. Dry winters/summers add to the problem. Re-suspension of road dust due to vehicular traffic is of special concern. Dust is a carrier of toxins from combustion sources and therefore, can be harmful. However, the strategy to address this problem has to be diverse and not limited to only road cleaning and sweeping. A lot of this problem is also created by mismanaged urban construction and roads. Intense rapid action should be taken to repair and building of pavements and vacuum cleaning of roads; implementation of street design guidelines for footpaths and cycle tracks with adequate vegetative buffers and paving of roads; blacktopping/ pavement of road shoulders; phase-in mechanical/ vacuum based street sweeping' introduce wet/ mechanized sweeping of roads; implementation of truck loading guidelines; use of appropriate enclosures for haul trucks; gravel paving for all haul routes; sprinkling of recycled water; water fountains at major intersections; maintenance of pothole free roads, increase in green cover on central verges and on the road sides along the right of ways, enforcement of air pollution control in concrete batching (use of water spray and wind breakers, bag filters at silos and enclosures, hoods, curtains etc.) Towards dust management on roads and road construction projects, municipal bodies should adopt the road dust control measures. The focus should be largely on the maintenance of roads, identification of hotspots for road dust, mechanical sweeping, sprinkling and scientific disposal of collected waste. The longer-term systemic changes should require more broad-based approaches: (i) Municipal ward wise street 23 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. network redevelopment plan for paving and greening as per IRC guidelines without impeding the needs of other road users including pedestrians. (ii) Hotspot action for road cleaning with GPS enabled mechanical sweepers; desilting of canals/nullah's side roads brick lining, dedicated helpline with MIS support and citizen interface to enable geo-tagging for complaints; (iii) Urban greening agenda with greening of open areas, gardens, plantation for green walling and protection of all forest areas in IGP.

The exclusive controls of urban dust should include better road conditions, paved shoulders, stabilization of soil surface, sidewalks, and unpaved portions (e.g., parking lots) to have Interlocking Concrete Block Pavement (ICBP) in the megacities over IGP. ICBP technology should be adopted for specific requirements of footpaths, parking areas, etc. It should be the priority that all existing unpaved shoulders, sidewalks, and parking lots are suitably handled and, in the future, all new road constructions incorporate these measures. All major urban roads, State Highways and NHAI must maintain silt load of 2.0 g/m² or less on their roads and assess the silt load twice in a year (winter and summer) at an interval of 50 km on both sides of the road.

Railway siding should construct warehouse for storage of cement bags or other dusty material to minimize fugitive emissions during loading, unloading and storage and avoid these operations on open platforms. Mechanical handling of bags of cement or dusty material be done using conveyor belts, possibly horizontally movable belts. Enclosures in the form of flexible belt curtain may be provided on the warehouse openings used for transfer of material. Warehouse cleaning shall be done with only mechanical means (large size vacuum pump) and it shall be done on regular basis. Cement collected shall be properly stored and records be maintained. Peripheral roads for vehicle movement should be paved and these should be properly maintained.

6.1.3 Construction dust Construction work all through the country is progressing at a fast rate and as the economy grows, it will further increase. The production of cement, along with poor conditions at the construction sites, are responsible for significant contribution in PM2.5/10. Regulations are adequate but enforcement of these needs to be strengthened (e.g. shielding off the construction sites, storage of materials, loading- unloading, paved road at the construction site) and dust from the construction work. Uses of water cannon to wash the surrounding 24 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. may be partly useful but what is important is to prevent dust emissions. A condition/policy should be formulated that all building materials and surroundings (except raw cement) will have 2% moisture; this approach will solve the dust problems to a large extent.

6.1.4 Open Burning This sector emits nearly 358 Gg PM2.5 annually (As per the El report done in this study by IIT-Kanpur) (15.5% of the total emission of PM2.5 over this region) and need to be addressed comprehensively. The following are some recommendations.

Crop residue burning Our results have clearly shown that the major fraction of open burning is due to the crop residue burning. For the IGP, we cannot settle the issue of episodic air quality unless we talk about crop residue burning (CRB) in Punjab and Haryana; the estimated PM2.5 emissions from CRB is 70 Gg at the end of Kharif season is almost three times more than the Delhi's annual estimated emission. Thus, the large CRB emission have paramount impact on the entire IGP. Plan of actions need to be taken well before and implemented. Continue with all efforts to minimize the number of CRB fires through technology, education, awareness, incentives and limit the mean number of daily fires to less than 1000 (refer to CII-NITI Aayog, 2018). Make all efforts at Block/Panchayat level to educate households not to burn any biomass including dung, encourage and promote LPG usages particularly during this period. Implement GRAP (Annexure V) fully from October 15 to November 20 and not wait for PM2.5 levels to go above 250 µg/m³. The GRAP has all the actions that will improve the air quality and reduce the emission to desired levels. But these actions are to be taken from October 15 to November 20, regardless of air quality in this period.

Municipal Solid Waste Burning MSW is the major cause of air pollution not only because it is burned but also because of its improper disposal. The dumped MSW undergoes decomposition which releases H2S, NH3 and harmful volatile compounds like VOCs. The VOCs turn into particles of secondary organic aerosols and add in the formation of ozone.

O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. Although there exist MSW disposal Rules, their implementation is far from satisfactory in most urban areas.

The Cl- content, which is an indicator of MSW burning, in urban areas can vary 2-10 percent in PM10. The typical contribution of MSW burning alone is about 8-10 percent and it needs to be controlled. Any form of garbage burning should be strictly stopped and monitored for its compliance. It will require the development of infrastructure (including access to remote and congested areas) for effective collection of MSW and disposal at the scientific landfill site. Space constraints force the municipal corporations to simply dumped and spread at the low lying area. This must be recognized that the major problem is that of collection. The option of waste to energy plants must be considered with very high pollution control; PM control over 99.99 percent should be ensured. A similar treatment/ disposal of legacy waste should also be taken up on priority. The municipal corporations should prioritize the MSW collection mechanism starting in a systematic manner in each ward. Special attention is required for fruits, vegetable markets and commercial areas and high-rise residential buildings, where MSW burning is common. A mechanism should be developed to carry out the mass balance of MSW generation and disposal on a daily and monthly basis. These data must be inventorized and available for public scrutiny.

Desilting and cleaning of municipal drains by Municipal Corporation should be undertaken on a regular interval, as the silt with biological activities can cause emission of air pollutants like H2S, NH3, VOCs, etc. It is seen that waste is sometimes burned in industrial areas; this must stop and be ensured under the supervision of industrial development agency and pollution control boards. The complete banning of MSW burning in urban areas can significantly reduce PM2.5 emissions.

Open burning of waste as well as spontaneous fire in landfills contribute substantially to air pollution and is a source of high toxic exposure for local communities. The enforcement measures that include ground inspection and penalty and emergency response to public complaints have limited impacts. The effective solution lies in proper waste management. However, infrastructure for waste collection, transfer, material recovery and safe disposal is not adequate. As a result, waste accumulates in the open that is burnt for easy disposal. Waste management has to ensure proper quantification of waste generation, 100% door to door collection of 26 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. segregated waste, material recovery and recycling and minimize fresh dumping of waste in landfills and full remediation of legacy waste.

6.1.5 Transport Sector The contribution of particulate matter from the transport sector is relatively low compare to industrial or domestic sector as a whole (118 Gg/year, i.e., 5% of the total PM2.5 emission over the region) (As per the El report done in this study by IIT-Kanpur). But in point locations such as over the urban agglomeration the relative contribution from transport sector could quite high. According to the Automotive Research Association of India, due to the progressive tightening of the emissions standards for vehicles there has been substantive improvement in tailpipe emissions from new vehicles. With graduating from Bharat Stage-I (BS-I) to Bharat Stage - VI (BS- VI) emissions standards, particulate emissions from diesel cars have reduced 31 times and from heavy duty vehicles by 36 times. While new vehicle technology and emissions control systems have significantly improved and will continue to improve to reduce tailpipe emissions in the driving conditions, equally stringent focus is needed on management of on-road vehicles. The objective is to keep on-road vehicles low emitting during their useful life on the road and to reduce direct exposure to toxic emissions; accelerate fleet renewal to leverage emissions gains from the technology advancement with introduction of BS VI emissions standards; and accelerate zero emissions transition with rapid electrification of targeted vehicle fleet to meet clean air target. Simultaneously, transportation and mobility strategies will be implemented to reduce vehicle miles travelled and achieve at least 80-85 per cent modal share by public transport systems.

There should be improvement in enforcement systems that include linking of updated PUC and Vahan database, automatic alert to vehicle owners for renewal of PUC certificates, compliance strategy like linking refueling with valid PUC certificate and higher penalty. Linking of PUC with annual vehicle insurance may be useful. Information on the status of action in IGP is not equally adequate. The programme requires uniform strengthening; quality control at a scale and effective fleet screening still remains a daunting challenge. This requires introduction of more advanced inspection and monitoring systems. In addition, all commercial vehicles require annual 27 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. roadworthiness and fitness tests under Central Motor Vehicle Rules (CMVR). In most part of IGP these tests are done manually with limited testing facilities. There is a need to set up more fully automated high-capacity centralized testing centers for the region. There is scope for better capacity utilization of these testing centers. Vehicle electrification targets for IGP by each of the States need to be set in terms of percentage of the new vehicle sales to be achieved by the end of the 2025-2030 in phased manner and also targeting total e-vehicles in particular categories. All States should have a policy on EV and hybrid vehicles, charging points at State/private/ household level in a time bound manner. Implement older vehicle phase out policy as per the action plan of MoRTH for National Clean ([email protected]>> partners>>MoRTH plan). All new public transport buses in cities over this region should be targeted to be electric buses. Identification and decongestion of traffic intersections as per the approved city action plans could also lead to reduction in net emission from the transport sector.

Minimizing pollution from in-use old vehicles: Among control devices, the Diesel Particulate Filter (DPF) is useful and proven technology. DPFs are porous ceramic honeycomb devices and filtration in DPFs occurs as exhaust gases are forced to flow through the walls and structure of filter. Such installation is possible in both BS IV two and four-wheelers. Every State should develop/amend vehicle scrappage policy, develop incentive mechanism for scrappage of old vehicles, and set up infrastructure for material recovery and disposal of end-of-life vehicles (Toyota operates one such plant in NOIDA). Develop a plan for CNG/CBG fuelling network in IGP and on highways to shift long haul trucking and other commercial vehicles to CNG.

E-Mobility: Policies on e-mobility for all the IGP states should have priority for million plus cities that encourage EV including strong hybrid vehicles.

Faster EV adoption in intra-city commercial transport and in 2/3- wheeler segments should be ensured. Public city transport including taxis and cabs may be converted to gas/electricity or strong hybrid in a time-bound manner. Diesel auto rickshaws should be phased out. Strategic plan for EV charging infrastructure at each 3 km in urban areas, 25 km on highways (both sides) and 100 km for buses and trucks and swappable battery stations may be set up. Retrofitting of old and overaged petrol/diesel vehicles into electric vehicles.

O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. City transport services (bus and metro services) should be augmented in million plus cities. Public transport can be made cheaper than the two-wheeler cost.

6.1.6 Fugitive emissions There are several industrial enterprises that are responsible for huge amount of fugitive emissions and dust generation from mining and different phases of crushing and storage. Stone crushers and mineral grinding are the most prominent among them. It is necessary to further reform the industrial structure, modernize production capacity with improved emission control systems and adoption of clean fuels like natural gas and clean electricity for industrial applications. This will have to be supported by smart monitoring and deterrence for compliance and targeted improvement. Other requirements are installation of ambient air quality monitoring stations and online e- Rawaana system to stop illegal mining. These require proper implementation and effective technical approach. Also, further mapping of all sources of fugitive emissions is important. Construction work all through the country is progressing at a fast rate and as the economy grows, it will further increase. The production of cement, along with poor conditions at the construction sites, result in contamination and pollution. Regulations are adequate but poor implementation of dust control measures (e.g., shielding off the construction sites, proper storage of materials, loading-unloading, paved road at the construction site) may lead to dust from the construction work. Uses of water cannon to wash the surrounding may be partly useful but what is important is to prevent dust emissions. A condition/policy should be formulated that all building materials and surroundings (except raw cement) will have 2 % moisture; this approach should solve the dust problems to a large extent.

CPCB has brought out guidelines for prevention and control of dust from construction activities. State agencies must implement these in later and spirit.

6.1.7 Agriculture Sector The rural emissions are significant and need to be controlled on priority. The control of rural emissions will improve the air quality in rural area and prevent its contribution to urban areas in the form of 29 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. background pollution. In rural area tillage from the agricultural land is an important source of PM2.5. Use of solar pump can be encouraged for the irrigation purpose in place of diesel or kerosene. Ploughing should be avoided if the soil is dry and there are high winds. Minimize soil-disturbing field operations such as ploughing, mowing, and tilling. These activities may be avoided when winds are high. Post-harvest tillage may be done on low wind speed days- based weather forecasts. Physical barriers such as fences, straw bales, and large trees may be used to minimize the flow of dust."

12. The control of the air pollution to save the human beings and human health are necessary necessity of the time and in view of the above facts and recommendations of the Committee, we, in line of the directions issued in O.A. No.19/2021, direct the authorities concerned and Respondents to follow the guidelines as follows:-

1. Domestic Sector:

(i) A program for switching over from solid to cleaner gaseous fuel for domestic sector should be formulated and implemented in a time-bound manner. The plan may include expansion of LPG network and putting up Compressed Biogas (CBG) network using biomass such as crop residue, dung, wet organic municipal waste, etc., particularly in rural areas. To deal with high air pollution levels in critical winter months, feasibility of distributing two domestic LPG cylinders free of cost or on subsidized rate among the BPL families may be examined.

(ii) Promotion and rapid distribution of government-approved improved cook stoves in rural areas and among the urban road- side shanties.

(iii) Make all efforts at Block/Panchayat level to educate households through anganwadi workers and ANM nurses not to burn any biomass including dung and encourage and promote LPG usages.

2. Transport Sector:

(i) All the diesel city public transport should be phased out completely in next five years, and city transport should be 30 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors.

operated only through metro, e-vehicle or on CNG. All new public transport should be CNG or electric buses.

(ii) Public transport to be strengthened with metro and/or adequate number of buses, route plan based on commute surveys and Mobile App based ticketing and seating system is developed in all major cities.

(iii) Public transport can be made cheaper than two-wheeler cost.

(iv) Adequate vehicle scrappage infrastructure should be developed in next three years. Extended Producer Responsibility (EPR) may be considered for vehicle manufactures, who will have to build required vehicle scrap plants.

(v) Incentivise and aggressively implement e-mobility including required charging infrastructure. Strategic plan for EV charging infrastructure at each 3 km in urban areas, 25 km on highways (both sides) and 100 km for buses and trucks and swappable battery stations.

(vi) Linking of PUC centres with remote server and elimination of manual intervention in PUC testing.

(vii) Use off-peak passenger travel times to move freight (within the city) and restrict the entry of heavy vehicles into cities during 6:00 am to 9:00 pm in winter and 6:00 am to 10:00 pm in other seasons.

(viii) Check Overloading: Use weigh-in-motion bridges/machines (WIM) and Weigh bridges at entry points to the city and at toll plaza to check the payload of commercial vehicles. As per CMVR, a penalty of 10 times the applicable rate for overloaded truck is applicable.

(ix) Prepare plan for improvement of infrastructure for decongestion of roads.

(x) Prepare and implement zonal plans to develop an NMT (non- motorized transport) network

(xi) Proper road maintenance and marking, smart traffic signaling, encroachment-free roads, the standard design of the speed breakers, speed warnings and traffic discipline should be enforced for emission reduction.

(xii) Poor quality lubricants and their inappropriate recycling is important cause of real driving emissions. The quality of 31 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. lubricants should improve and recycled unorganized sales of the lubricants should be stopped.

(xiii) EVs should be aggressively promoted. However, till the time battery-EVs take over, strong hybrid electric vehicles (HEVs) that blend fuel and electric power are much more fuel-efficient and should be promoted.

(xiv) Control of particulate emission through gasoline particulate filter (GPF) is a new technology and can be adopted in new BSVI vehicles for reducing emissions in the near to mid-term period.

3. Industry (Brick kiln, MSME, Induction Furnace, etc.):

(i) All the industries must stop using solid and liquid fuel and switch over to cleaner source of energy viz, electricity, gaseous fuel or bio-mass, in a time-bound and phased manner (say five years). Industrial clusters having uncontrolled PM emission of 500 tons per day (equivalent to 100 MW coal power plant) may be taken up on priority. Such clusters should also become candidate for priority of PNG infrastructure.

(ii) In the industrial clusters, wherever feasible, common boilers (to supply steam) with adequate emission control measures may be installed, which will be a win-win option for industries and regulators.

(iii) Brick kilns should be converted to Zig-Zag technology. The revised norms notified by MoEFCC should be strictly enforced.

(iv) In induction furnaces new technology requiring collection of emission from sideways but with much higher suction rate that does not interfere with the movement of crane should be adopted.

(v) Small scale sugar mills (<1000 tons cursed per day) (Khandsari) should be treated as MSMEs. These should shift to forced draft from current practice of natural 77 draft for better combustion and install simple air pollution control devices like cyclones and multi-clones.

(vi) Technology upgradation must be targeted in MSMEs and adequately supported. Regular training program should be conducted for the skill development.

(vii) Carry out pollution load estimation from industrial sector to enable setting of target for emission.

(viii) For MSMEs, a resource centre on technology-linked emissions achievements and multiple technology options and vendors (with the cost) linked to different levels of control be established at national and state levels; however, standards should be attained with the industry.

4. Open burning:

Action plans for crop residue management are already in place for States of Haryana, Punjab, Delhi and NCR districts of Uttar Pradesh & Rajasthan. These should be implemented expeditiously. Every year, target and focus on at least five districts for zero crop residue burning in the States of Haryana and Punjab during post-monsoon.

5. Dust Control:

(i) Identification and greening of open spaces, green cover on central verges and on the roadsides, repair and re-laying of pavements, grassing of road shoulders, washing and mechanical/vacuum-based street sweeping and proper disposal of collected dust must be ensured in cities and towns with more than 5 lakh population. Indian Road Congress/Bureau of Standards must bring out silt load standards for roads. All major urban roads, State Highways and NHAI must maintain silt load of 2.0 g/m² or less on their roads and assess the silt load twice a year (winter and summer) at an interval of 50 km on both sides of the road.

(ii) All the Railway Siding should construct warehouse for storage of cement bags or other dusty material to minimize fugitive emissions during loading, unloading and storage and avoid these operations on open platforms. Mechanical handling of bags of cement or dusty material be done using conveyor belts, possibly horizontally movable belts. Enclosures in the form of flexible belt curtain may be provided on the warehouse openings used for transfer of material.

(iii) Construction & Demolition (C&D) waste processing facilities of adequate capacities should be set up, to begin with, in cities having population more than 5lakh. C&D waste collection points 33 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors. must be created in different zones of the cities, and in no case, it should be allowed to be dumped in non-designated areas, particularly along roadside. Recycling of processed waste must be encouraged, facilitated and, wherever feasible, mandated.

6. Research & Development, Training and Capacity Building

(i) Focused research on IGP air pollution problems must be taken up, which can be coordinated through a dedicated Center/Cell established specifically for the purpose. The Center may collaborate with research & academic institutes and encourage/facilitate startups for developing affordable cleaner technologies (particularly for small scale polluting industries) and best process practices & guidelines for various air polluting sectors.

(ii) Training and capacity building of regulatory agencies, urban local bodies, panchayats, industries must be taken up as a regular and important component to create skilled human resource.

7. Enforcement and Administrative Issues:

(i) An independent body to better coordinate performance measurement among the Central, State and other agencies (e.g., Industry, Municipal Corporation) responsible for taking air pollution control measures as per the targets should be established. The sector-wise report, clearly stating air quality achievements and evaluate air program results should be published and available for public scrutiny.

(ii) The unorganized sectors should be facilitated to come on the mainstream within a specified timeframe and apply for consent under Air Act and meet emission standards.

(iii) The review of existing technologies, emission norms, guidelines, process practices, etc. should be taken up every three to five years for upgradation.

(iv) Hotspot districts (as per Table 5) must be dealt on priority for implementing various interventions/recommendations."

13. In view of above facts, we direct as follows:-

(i) The State PCB has to regularly monitor the Online Continuous Emission Monitoring System and it should be installed in each stack connected Coal, Husk, Bio Briquette, Bio-Fuel based industries and Induction Furnaces, base industries of Mandideep and the OCEMS should be connected to the MPPCB server through internet for data transfer and to monitor periodically and to direct the industries where the air quality index is increasing to take remedial measures. The local authorities have to suppress the dust emission from the service roads and internal roads. The regular water sprinkling and sweeping has to be performed by the MPIDC and MPPRDC and Municipal Council.

(ii) The cargo containers in the district should perform dust sweeping within premises and water sprinkling on the road connecting the service roads. The commercial vehicles plying in the industrial area should possess the pollution certificate under PUC

(iii) The Mining Department should ensure that sand loaded vehicles should be covered with green net so that no drop of material should take place during transportation on the highway.

(iv) The existing technologies need have to be upgraded and unorganised sector brought the mainstream and also brought the under the consent regime under the Air (Prevention and Control of Pollution) Act, 1981. Specific strategies for shifting to cleaner fuel and better technologies by revising conditions for Consent to Operate (CTO) have yet to be worked out in the light of data appearing in the report. More stringent strategies need to be followed for acknowledged polluting activities like - transportation of sand mines, construction works, transport activities which are beyond GRAP. These work may need to be undertaken by the 35 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors.

Special Monitoring Cell under the CPCB or the State PCB which may set-up preferably within a reasonable time.

(v) The vulnerable districts of the State where the air quality is dangerous may be listed out as 'Air Quality Sensitive Districts', on polluting sources operating in these districts be closely monitored.

Modified CTO be granted in respect thereof with operational restrictions in the nature of GRAP, requiring switching over to cleaner fuel and adopting efficient air pollution control devices with definite time frame not exceeding six months.

(vi) The MoEF&CC and CPCB may enforce requirement of cleaner fuel switching over to efficient air pollution control technologies, enforcement of GRAP and vigilance measures to control other pollution sources like - dust control, vehicular pollution and the like under the National Clean Air Programme and requires city and district specific action plan within six months by identified authorities or committees.

14. A copy of this order be sent to the Central Pollution Control Board, State PCB, Principal Secretary, Department of Environment, M.P., Principal Secretary, Department of Transport, M.P., and Collectors - Mandideep, Bhopal, Indore, Jabalpur, to take necessary actions the control of air pollution.

15. With these observations, the Original Application No.173/2025(CZ) stands disposed of.

Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 17th April, 2026, Original Application No.173/2025(CZ) AK 36 O.A. No.173/2025(CZ) News Item Titled Kai Factories Ki Chimniyan Ugal Rahi Jeher 14 Cigaratte Pine Jitni Jeherili Hui Hawa Appearing In Nav Dunia Dated 9th November 2025 Vs. State of Madhya Pradesh & Ors.

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