IMPLEMENTATION OF AIR POLLUTION LAW IN

THE REGION OF DELHI AND PUNJAB: A

COMPARATIVE STUDY

Dissertation Synopsis
Master of Laws
In
Department of Law

By
Dalip Kumar Dubey
21llmlaw03

Under the Supervision of:

Prof. Deepak Kumar Chauhan

Department of Law
School of Legal Studies
Central University of Punjab, Bathinda
February, 2023
 CONTENTS

Sr.No. Content Page No.

1. CONTENTS (ii)
2. LIST OF ACRONYMS (iii)
3. LIST OF CASES (iv)
4. INTRODUCTION 1-3
5. REVIEW OF LITERATURE 3-7
6. RESEARCH GAP 7
7. LAWS AND POLICIES ON AIR POLLUTION 7-16
8. RESEARCH PROBLEM 17
9. RESEARCH OBJECTIVE 17
10. RESEARCH QUESTIONS 17
11. RESEARCH AREA 17
12. RESEARCH METHODOLOGY 18
13. SCOPE AND LIMITATION OF THE STUDY 18-19
14. IMPORTANCE OF RESEARCH 19
15. RESEARCH WORK PLAN 19
16. BIBLIOGRAPHY

ii
 LIST OF ACRONYMS

Sr.No. Acronyms Full Form

1. AQI Air Quality Index

2. CPCB Central Pollution Control Board

3. CSE Centre For Science and Environment

4. DIMTS Delhi Integrated Multimodal Transit System

5. GRAP Graded Response Action Plan

6. ICAO International Civil Aviation Organization

7. NCAP National Clean Air Program

8. NCR National Capital Region

9. NCT National Capital Territory

10. PM Particulate Matter

11. PPCB Punjab Pollution Control Board

12. WHO World Health Organisation

iii
 LIST OF CASES

Sr.No. Case Title

1.
Arjuna Gopal v. Union of India (AIR 2018 SC 5731)
2.
B. L. Wadhera v. Union of India (AIR 1996 SC 2969)
3.
Consumer Education and Research Centre v. Union of India (AIR 1995 SC 922)
4.
Gobind Singh v. Shanti Swaroop ( AIR 1979 SC 143)
5.
Jang Singh (Since Deceased) v. Punjab Pollution Control (RSA-4143-2019)
6.
M.C. Mehta v. Union of India (AIR 1987 SC 395)
7.
M.C. Mehta v. Union of India (Taj Trapezium case), (1997) 2 SCC 353
8.
M.C. Mehta v. Union of India, (2001) 3 SCC 756

9.
M.C. Mehta v. Union of India (AIR 2001 SC 1544)

10.
M.C. Mehta v. Union of India (AIR 2002 SC 1696)
11.
M.C. Mehta v. union of India, (2004) 12 SCC 118
12.
Municipal Council, Ratlam v. Vardhichand (AIR 1980 SC 1622)
13.
Re Noise Pollution case, AIR 2005 SC 3136
14.
Santosh Kumar Gupta v. Secretary Ministry of Environment, New Delhi, (AIR
1998 M.P)
15.
Splendor Landbase Ltd. v . Delhi Pollution Control Committee. High Court
of Delhi (India)
16.
Vellore Citizens’ Welfare Forum v. Union of India, (AIR 1996 SC 647)

iv
INTRODUCTION
“Air pollution is an incurable disease. It can only be prevented.”
-Barry Commoner1
There are many resources for life on earth, of which air is the most essential resource. Life is not
possible without air. Clean air is needed to breathe. The air gets polluted day by day due to the
development of industries, vehicles etc. Air also contains small amounts of other gases, such as
carbon dioxide, neon, and hydrogen. While air is mostly a gas, it also contains lots of smaller
particles. The north-western part of India is a major contributor to air pollution not only because
of industry, transportation and stubble burning, but also the geographical location of Delhi and
the state of Punjab. Reducing pollutants from the air is one of the most challenging tasks in the
modern era. It is also important for human health, clean environment and for the protection of
wildlife. It affects not only living beings but also buildings and monuments. That is why the
study of controlling air pollution is required. The transportation sector contributes to emissions
of air toxins which are compounds that are known or suspected to cause cancer or other serious
health issues and environmental effects. Vehicles have emerged as a major cause of air pollution
in the national capital Delhi. According to a study done by the Think Tank Centre For Science
and Environment (CSE)2. The CSE study said that vehicles contribute to more than 50% of
Delhi's pollution between October 24 and November 8, in the year 2021. The most crucial
reasons for the alarming level of air pollution in Delhi include the city's landlocked geographical
location, crop burning in neighbouring States (Punjab, Haryana and Rajasthan) vehicular
emission, industrial pollution and large scale construction activities. The Delhi government had
launched 'Red light on, Gaadi off' (Red light on, ignition off) campaign to curb pollution in the
capital. The Delhi government requested people to turn off their engines at the red light signal.
Besides, the Delhi chief minister also asked people not to use their personal vehicle at least one
day every week to reduce vehicular pollution. The Delhi government also imposes the odd/even
rule to reduce vehicular pollution. The Delhi administration has organised 75 teams to audit
construction sites and 250 teams to monitor rubbish burning. There are many policies made to
combat Delhi NCR's pollution problems. The commission for Air quality management in

1
Barry Commoner (May 28, 1917 – September 30, 2012) was an American cellular biologist, college professor,
and politician.
2
Centre For Science and Environment, India, available at: https://www.cseindia.org/vehicles-the-
biggestcontributors -to-winter-pollution-in-delhi-cse-11048 (last visited on September 29, 2022).

1
National Capital Region and adjoining areas ordinance 2020, released by the law and justice
ministry. It comes within days of the centre telling the supreme court during a hearing on a
matter related to air pollution that it will bring a new legislation on air quality management in the
NCR and adjoining areas. Major sources of air pollution in Punjab include industries, vehicular
sector and agricultural burning. However, growth of population and various development
activities in the state are driving forces behind the poor air quality of the State. In the region of
Punjab, the transport sector is one of the most important contributors to air pollution more
specifically in the urban areas. India has one of the most severe air pollution in the world. 21 of
the world's 30 most polluted cities are in India according to the World Air Quality Report, 2019
compiled by IQAir, Air Visual3. India was home to 11 of the 15 most polluted cities in Central
and South Asia in 2021.4 Though States like New Delhi and Mumbai are battling a tough fight
against air pollution, many other states stand equidistant to them such as Punjab. This State
always gets the Limelight between October and January when the stubble burning season is
ongoing. But, little do we know Punjab faces the issues of air pollution throughout the year with
excess use of vehicles and a highly dominating transportation system. During the coronavirus
lockdown last year, the Air Quality Index in Punjab and Chandigarh improved for the first time
in the past 10 years with the reading of the state as low as 34. But, it was only possible due to
lack of vehicular movement and the halt on factories and industries. As the lock down slowly
lifted, air quality in the state was back to being poor. Clearly, there are quite a few factors behind
this rising air pollution in the state. Everyday Punjab sees excess use of vehicles on the roads that
emit harmful chemicals like carbon monoxide, nitrogen dioxide etc. That not only contributes to
deteriorating air quality but also affects human health. Beside the increase in the number of
vehicles, the poor maintenance of vehicles is a major reason for the high vehicular emission in
Punjab. Punjab was among the top 10 states in the country in terms of vehicle population in
2012. To control the pollution of Punjab, The Punjab Pollution Control Board Patiala was
constituted in 1975. The objective of the board is to control gaseous emission, treatment of
sewage water, to reuse and recycling of sewage waste and the main objective is to control water
and air pollution and to maintain and restore the quality of water for various designated uses and
of air.

3
IQAir, available at: https://www.iqair.com/world-most-polluted cities? Continent =&country =&state =&
page=1&perPage= 50&cities= (last visited on September 29, 2022).
4
IQAir, available at: https://www.iqair.com/world-air-quality-report (last visited on September 29, 2022).
2
Air pollution is a serious issue in the region of Punjab and Delhi. Therefore, there is a serious
need for proper implementation of laws related to air pollution. The most common thing in both
areas is vehicular pollution. Excessive vehicular use lowered the air quality index in both areas,
but when the lockdown was imposed, there was no vehicular movement, resulting in an
improvement in the air quality index. This research is required to ascertain which region best
manages air pollution and to learn about the mechanism that works.

REVIEW OF LITERATURE
The researcher has researched numerous international treaties, conventions, laws established by
the Indian Parliament, and judicial perspectives on environmental protection and air pollution in
order to complete this research. Additionally, the researcher reviews a large number of books,
articles, journals, newspapers, and data on the internet. The main themes of the research have
been taken into consideration when preparing the review of the literature. The United Nations
Conference on the Human Environment held in Stockholm in June, 1972, The Geneva
Convention on Long-range Transboundary Air Pollution (1979) and its protocols, The Vienna
Convention for the Protection of the Ozone Layer (1985), The UNFCCC Framework Convention
on Climate Change (1992) in which India participated, marks water shed in the evolution of
environmental jurisprudence. After the said conference, India has taken a lead among all the
developing nations to have different Constitutional, administrative, regulatory and legal
measures for the protection and conservation of the environment. The Air (Prevention and
Control of Pollution) Act, 1981, Environment (Protection) Act, 1986, The Motor Vehicle Act,
1988, The Noise Pollution (Regulation and Control) Rules, 2000, The National Green Tribunal
Act, 2010 are few legislations, which represents the Indian commitment for the concern of
environment protection and control of air pollution. Apart from these statutes there are several
other enactments, which complement the provisions of basic enactments are reviewed by the
researcher.

Malhotra T.K. explains that the effects of poisonous gases like CO, NO, SO₂ from the exhaust
emission of the vehicles. Further pollution is caused by suspended emission of the vehicles.
Further pollution is caused by Suspended Particular Matter (SPM) like soot and dust. It further
suggests for reduction in use of Private Transport by making it more expensive for the user and
3
simultaneously by making the public Transport more comfortable and secure. It has advocated
strategies to bring about the desired changes in the existing system.5
Saligram Bhatt, V. Balakista Reddy, and V.S. Mani, “Air Law and Policy in India” (New Delhi,
1997): In this book the author focusing on aviation issues in the Indian context has compiled a
book discussing various aspects like development of air law and its overall problems, arriving at
a conclusion that Indian aviation needs to overhaul and review the entire aviation law. He says
revision is not an amendment; it is a more serious exercise based on formulation of a wholesome
and viable aviation policy and planning.6
J.C Batra, ‘International Air Law’, (New Delhi, 2003): The author in this book speaks on air
carrier liability, the principles underlying the limitations of liability of air carriers under private
international law, the principles under Warsaw System and its limitations of application. He says
Montreal Convention 1999, on unification of certain rules for International Carriage by Air, 1999
is an attempt to meet the challenges of 21st century requirements of International air transport,
consolidating private international law.7
Sumit Sharma, Sumit Kumar Gautam, “Vehicular Emissions and Air Quality in India,” TERI,
2018 The author warns that Twenty-one of the world’s 30 cities with the worst levels of air
pollution are in India, according to data compiled in IQAir Air Visual’s 2019 World Air Quality
Report; six Indian cities are in the top ten.8
Bhandarkar, Shivaji, “Vehicular pollution, their effect on human health and mitigation
measures.” The author underlines that the transport sector is the main source of PM2.5 emissions
in Delhi (28 percent of all PM2.5 emissions). Vehicular contribution also makes up 80 percent of
nitrogen oxides and carbon monoxide in Delhi’s air. Data on vehicular pollution in Delhi shows
the following: trucks and tractors generate 9 percent of emissions; 7 percent from two-wheelers;
5 percent from three-wheelers; 3 percent each from cars and buses; and 1 percent from light
commercial vehicles. In all, these vehicles are responsible for 41 percent of the total pollution
load in Delhi.9

5
Malhotra T.K., Vehicular Air Pollution in New Delhi, (Published by Banaras Hindu University, Varanasi) 2004,
p.32.
6
Saligram Bhatt, V. Balakista Reddy, and V. S. Mani, Air Law and Policy in India, (New Delhi, Lancers Pub) 1997.
7
J.C Batra, International Air law (Reliance publishing house, New Delhi) 2003.
8
Sumit Sharma, Sumit Kumar Gautam, “Vehicular Emissions and Air Quality in India,” TERI, 2018.
9
Bhandarkar, Shivaji, “Vehicular pollution, their effect on human health and mitigation measures.” (2013) page
no.33-40.
4
P. Leelakrishnan, the author is mainly concerned with judicial activism in the field of
environmental law in India. The court rendered new interpretation to old laws, scrutinized and
explained grey areas in statutory provisions, decided constitutional issues and implemented
international principles of environmental law in India, examined the environmental process and
demarcated the limits of judicial review. He critically analyses the effects of international
conventions on environmental law on the judicial pronouncement in India.10
S.C. Tripathi, This book deals with Constitutional, legislative, judicial and international efforts
for the protection of the environment. The author emphasizes that the right to a pollution free
environment is regarded as a fundamental right under Article 21. Judicial activism in matters
relating to the environment exhibits the anxiety of the courts in India and the society in finding
adequate and effective remedies for environmental problems. It is true that in the recent past we
have caused considerable damage to the environment all around on account of industrialization,
urbanization and population explosion at global level and spirit. The environmental scientists
have issued the note of caution repeatedly regarding degradation of environmental standards
which have reached a dangerous level mainly due to human activities. The world community's
resolve to protect and enhance the environmental quality found expression in the decision taken
at the United Nations Conference on Human Environment of Stockholm, 1972. We have
witnessed a number of legislative endeavours for the purpose of protecting, controlling and
improving the environment. It is highly regretted that despite legislative measures we are utterly
failing to bring widespread environmental awareness among the public at large. On a number of
occasions, the Supreme Court of India has passed directions to the government to introduce and
inculcate environmental consciousness from the primary school level to the university level. But
we are yet to follow the directions of the Hon'ble Court in letter. But the area of focus in the
present study is however not subsequently dealt with.11
Environmental Law, He has thrown light on the environmental regime in India and also projects
international jurisprudential trends to restore environmental equilibrium. The journey from
Stockholm to the Rio Summit led to the recognition that all human beings are entitled to a
healthy and productive life in harmony with nature. To materialize this vision, the concept of
sustainable development came to be recognized and operationalized. It was such a factor which
was responsible for the enactment of various environmental laws in India, that are designed not
10
P. Leelakrishnan, Environmental Law Case Book, LexisNexis, Butterworth’s, 2004.
11
S.C. Tripathi, Environmental law, (Central Law Publications, Allahabad, 2004).
5
only to preserve and protect the environment but also to prevent environmental pollution. In the
enforcement of these laws, the Indian judiciary has played a seminal role and used Public Interest
Litigation as a convenient tool to create a new environmental jurisprudence.12
Kritika Bansal13 in this article the author underlines the air quality during the lockdown period,
Delhi went into lockdown in the wake of the pandemic, the pollution levels decreased drastically,
and the air quality index returned to the ‘satisfactory’ level. Before this, Delhi’s air was cleanest
on 29 September 2019, when the AQI measured 60, which is ‘satisfactory’. As shown on the
Real-Time Air Quality Index, in Delhi, particulate matter (PM2.5) dropped from 165µg/m3 on
21 March 2020, a level considered unhealthy to everyone, to 64µg/m3 on 29 March 2020,
‘moderate’ or ‘acceptable’. This is a sharp drop in air pollution for Delhi which usually records
‘poor’ to ‘severe’ levels of air quality with the AQI ranging from 100 to 300, and even higher in
colder months.
‘Delhi pollution: Is air quality in the Indian capital now improving?’ BBC News, November 6,
2019, In this news the Anchor shows that among Indian cities, the capital, New Delhi, is one of
the worst-affected. New Delhi has the highest ambient particulate matter pollution exposure in
the country. As of 2019, the average annual PM 2.5 concentration across India was 58.1
micrograms per cubic meter; Delhi’s average PM 2.5 concentration for the year 2019 was 98.6
micrograms per cubic meter. He further stated that the starting aspect of the statistic express the
recorded level is not just the highest for any capital city in India, but for any capital city in the
world.14
Sarath Guttikunda, “Air pollution in Indian cities: Understanding the causes and the knowledge
gaps The author underlines in this Article that among all the cities in India, some of the worst
levels of air pollution are seen in its capital territory, Delhi. The impacts are devastating,
including in the degree of particulate matter concentrations in the air (environmental), reduction
in life expectancy (health), and high costs that the state is incurring to resolve the crisis
(economic). The main sources of air pollution in Delhi include vehicle exhaust, heavy industry
such as power generation, small-scale industries like brick kilns, suspended dust on the roads due

12
J.J.R. Upadhyay, Environmental Law, (Central Law Agency, Allahabad, 3rd edition, 2012).
13
Kritika Bansal, Delhi Pollution: Air Quality Improves Marginally But Remains in Poor Category, available at:
https://www.india.com/news/india/delhi-pollution-air-quality-index-smog-poor-category-4172532/ (last visited on
September 26, 2022).
14
BBC NEWS, available at: https://www.bbc.com/news/world-asia-india-49729291 (last visited on September
27 ,2022).
6
to vehicle movement and construction activities, open waste burning, combustion of fuels for
cooking, lighting, and heating, and in-situ power generation via diesel generator sets.15

RESEARCH GAP
There is less study has been done on the implementation of the regional application of air
pollution laws in both the regions. India’s two biggest contributors to air pollution are Delhi and
Punjab. What policies and laws are in place to reduce air pollution, and why have Delhi and
Punjab become major contributors to the problem? In this part of the study, less research has
been done to determine why the government, judiciary, and legal system lack the ability to
implement air pollution laws and less study has been done to demonstrate that which region's air
pollution laws are more effectively implemented. No research has been found that has done a
comparative study of the two regions to tell which region has better implementation of air
pollution laws.

LAWS AND POLICIES

Delhi has the highest concentration of small-scale industries in India which along with other
industrial units contribute 12% to air pollutants. Vehicular pollution is a major contributor to air
pollution in Delhi at present. According to the Department of Transport, Government of National
Capital Territory of Delhi, the vehicular population is estimated to be over 3.4 million, growing
at a rate of 7% per annum. This segment contributes to two-thirds of air pollution, with a marked
decline in air quality compared to 1995–1996 levels. In the region of Punjab there are many
major sources for Air pollution like air pollution from transportation, Industrial air pollution,
Agricultural air pollution etc. Emissions from transport every day in Punjab sees lakhs of
vehicles on the roads that generate harmful chemicals like carbon monoxide (CO), nitrogen
oxide (NOx), etc. that not only contribute to deteriorating air quality but also affect human
health. Besides the increase in the number of vehicles, the poor maintenance of vehicles is a
major reason for the high vehicular emissions in Punjab. Punjab was among the top ten states in
the country in terms of vehicular population in 2012. Agricultural residue burning: Air pollution
through agricultural residue burning during the months of Mar-Apr and Oct-Nov largely affects

15
Sarath Guttikunda, “Air pollution in Indian cities: Understanding the causes and the knowledge gaps,” (Centre
for Policy Research, December 14, 2017).
7
both the states of Punjab and Haryana. Around 16 million tonnes of paddy and 8 million tonnes
of wheat straw are burnt in the agricultural fields every year leading to air pollution in the state
and nearby areas.16
In fact, Punjab featured among the top four states with maximum cities that failed to meet the
national air quality standards in India (2018). In Punjab, eight cities Khanna, Ludhiana, Dera
Bassi, Gobindgarh, Jalandhar, Naya Nangal, Pathankot and Patiala - were labelled the worst
when it comes to air quality. Although the government has been making efforts to improve air
quality in the state, individual actions are required too. Cleaner fuels and vehicles can help
reduce vehicular emissions, thus improving air quality. Further, old vehicles should not be
allowed in the state. An effective inspection and maintenance system should be enforced by the
Government in the state. New sustainable technologies should be introduced. On the individual
front, people should try to ditch their private vehicles as much as possible and travel by eco-
friendly means like public transport.17

INTERNATIONAL AGREEMENTS ON AIR POLLUTION

The United Nations Conference on the Human Environment held in Stockholm in June, (1972).
Geneva Convention on Long-range Transboundary Air Pollution (CLRTAP) (1979) and its
protocols.
Vienna Convention for the Protection of the Ozone Layer (1985).
UNFCCC Framework Convention on Climate Change (1992).
Kyoto Protocol (1997).
Paris Agreement (2015).

LAWS PRIOR TO THE INDEPENDENCE OF INDIA:

The Oriental Gas Company Act, 1857
Indian Penal Code, 1860
Indian Explosive Act, 1884
The Bengal Smoke Nuisance Act, 1905
The Bombay Smoke Nuisance Act, 1905

16
Let Me Breathe, India, available at: https://letmebreathe.in/2021/01/20/what-is-affecting-the-air-quality-in-
punjab/ (last visited on September 29, 2022).
17
Ibid.
8
 The Indian Boilers Act, 1923
Indian Petroleum Act, 1934
The Motor Vehicles Act, 1939

PRESENT SCENARIO
The Factories Act, 194818 This is the first act of independent India indirectly focusing on air
pollution. Chapter III, Section 13, 14 and 15 of this act focuses on proper ventilation, dust, fumes
and humidity related to the health of labour.
The Industrial (Development and Regulation) Act, 195119 This was the first act providing Power
to the central government to cause investigations to be made into scheduled industries or
industrial undertakings. The extent was limited to the purpose of conserving any resources of
national importance which are utilized in the industry along with the regulation of production
and industrial development.
The Mines Act, 195220 The consideration of air pollution was again limited to the ventilation,
actions to be taken in respect of dust fire and inflammable and noxious gases including
precautions against spontaneous combustion, underground fire and coal dust.
The Inflammable Substances Act, 195221 The act was indirectly stirring air pollution through
safety. The solitary purpose of the act was to declare certain substances to be dangerously
inflammable and regularising such substances with Petroleum Act 1934.
The Atomic Energy Act, 196222 The act was addressing only health impact and safety from the
radioactive substances with the sole purpose of control over atomic energy and radioactive
substances.
The Air (Prevention and Control of Pollution) Act, 198123 This is the first act formulated with the
sole purpose to provide for the prevention, control and abatement of air pollution. It was
established to carry out the purposes of boards, for conferring on and assigning to such boards
powers and functions relating to the matters concerned. The decisions were taken at the United
Nations Conference on the Human Environment held in Stockholm in June, 1972, in which India

18
The Factories Act, 1948 (Act 63 of 1948), s. 13,14,15.
19
The Industrial (Development and Regulation) Act, 1951 (Act 65 of 1951).
20
The Mines Act, 1952 (Act 35 of 1952).
21
The Inflammable Substances Act, 1952 (Act 20 of 1952).
22
The Atomic Energy Act, 1962 (Act 33 of 1962).
23
The Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981).
9
participated, to take appropriate steps for the preservation of natural resources of the earth which,
among other things, include the preservation of the quality of air and control of air pollution.
The Environment (Protection) Act, 198624 This act came into force on 23rd May, 1986 to provide
for the protection and improvement of environment and formatters connected therewith. This act
is serving as an umbrella act for many other rules and laws. e.g. Notification on lead free petrol
and catalytic converter for vehicles in metropolitan cities, 1995 etc.
Motor Vehicle Act, 198825 This act deals with control of automobile emissions and specifies
vehicular emission standards.
Recently our government has shown the concern of environment protection by introducing The
National Green Tribunal Act, 2010. This Act was introduced by the then Environment and Forest
Minister Jairam Ramesh. The Act established the National Green Tribunal for the persuasive and
speedy clearance of cases relating to environmental preservation and safeguard of forests and
other natural resources including implementation of any legal right concerning environment and
giving relief and compensation for damages to persons and property. Undoubtedly, the initiative
of the National Green Tribunal under the National Green Tribunal Act, 2010 has been a great
step in environmental litigation.

POLICIES RELATED TO AIR POLLUTION

Policy Measures Undertaken by Union Ministries are as follows:
India has launched an ambitious National Clean Air Program to reduce particulate matter
pollution by 30% by 2024. In 2020 Air quality assessment and field coordination in India was
launched to publish an annual (and first ever) air quality assessment report- ‘State of the Air in
India’ in partnership with the Ministry of Forest and Climate Change and Central Pollution
Control Board, in direct support of India's National Clean Air Plan implementation. In 2021,
Building city leadership on clean air action in Delhi NCR was launched to build capacity and
direct engagement with urban local bodies in Delhi/NCR to support implementation of city-level
action plans. The initiative of the Ministry of Road Transport and Highways Ministry of
Petroleum and Natural Gas to Stricter vehicle emissions regulation and upgrading of vehicles to
more fuel-efficient standards. GRAP is classified under four stages of adverse air quality in
Delhi. Stage one in a case of 'poor' air quality (AQI 201-300); stage two for 'very poor' air
24
The Environment (Protection) act, 1986 (Act 29 of 1986).
25
Motor Vehicle Act, 1988 (Act 59 of 1988).
10
quality (AQI 301-400); stage three for 'severe' air quality (AQI 401-450); and stage four for
‘severe plus’ (AQI >450).
Initiative of the Ministry of Urban Development to enhance availability of public transport.
Anti-Pollution Policy in Delhi
Graded Response Action Plan (GRAP), National Clean Air Program, Odd-Even Scheme
10-point action plan by Delhi government to curb pollution
The Delhi Environment Minister Gopal Rai has introduced 10 action plans to control air
pollution in the national capital. These are as:
1. Green War Room
2. Anti-Dust Campaign
3. Green Delhi App
4. Bio-Decomposer
5. Water Sprinklers
6. Industry Pollution
7. PUC Certificates
8. Hotspot Special Monitoring
9. Firecracker Ban
10. GRAP III
Punjab Pollution Control Board
The Punjab Pollution Control Board abides by the following Acts for the control of environment
pollution in the state of Punjab:
The Water (Prevention and Control of Pollution) Act, 1974 as amended till date.
The Water (Prevention and Control of Pollution) Cess Act, 1977.
The Air (Prevention and Control of Pollution) Act, 1981 as amended till date.
The objectives of the Punjab Pollution Control Board in pursuing its objective of abating and
preventing pollution in Punjab are as follows:
To control and minimize the pollution of air and water and to maintain the quality of air and
water for designated use and purposes. To inspect sewage or trade effluent treatment and
disposal facilities and air Pollution control systems and to review plans, specifications or any
other data relating to treatment plants, disposal systems and air pollution control systems in
connection with the consent granted.

11
Emissions Trading Scheme in Punjab to Tackle Air Pollution
The Department of Science, Technology & Environment is partnering with the Abdul Latif
Jameel Poverty Action Lab (J-PAL)26 South Asia and the Energy Policy Institute at the
University of Chicago (EPIC India) to launch the use of an Emissions Trading Scheme (ETS) to
tackle growing industrial air pollution in Punjab. Punjab is now becoming the second Indian state
to adopt this pioneering vision. For various other Indian cities battling polluted air and expensive
regulations, ETS has the potential to improve air quality and health, reduce the regulatory burden
on industries, and decrease government enforcement expenditures.
The Punjab Pollution Control Board (PPCB) is entrusted with the functions of planning a
comprehensive program for the prevention, control and abatement of pollution in Punjab. PPCB
has to support and encourage developments in the field of pollution control. PPCB has taken
various measures to limit the amount of industrial pollution in the state but not much has been
done to address agricultural pollution.27
There is the legislation on Air pollution in Delhi and Punjab. It presents provisions of various
laws to control pollution. For example: Water Act 1974, Air Prevention and Control of Pollution
Act 1981, Environment Protection Act 1986, National Environment Tribunal Act 1995, Noise
Pollution Rules 2000, Biodiversity Act 2000 and so on. It also discusses various functions and
activities of the Central Pollution Control Board, Punjab Pollution Control Board, Punjab State
Council for Science and Technology, Punjab Energy Development Agency and Punjab
Biodiversity Board to control various types of pollution.28

CASES RELATED TO THE STUDY:

Cases Pre Air Laws
Gobind Singh v. Shanti Swaroop29 is the first case in which the Supreme Court examined the
scope of Section 133 of the Code to approve the order of the Magistrate to demolish the oven and
chimney of a baker as the baking process caused air pollution. The Supreme Court of India while

26
Poverty Action Lab, Punjab available at: https://www.povertyactionlab.org/updates/government-punjab-j-pal-
south-asia-and-epic-india-launch-emissions-trading-scheme-reduce (last visited on January 10, 2023)
27
Punjab Pollution Control Board, Punjab available at: http://www.ppcb.gov.in/index.aspx (last visited on June 4,
2022).
28
Punjab Pollution Control Board, Punjab available at: http://www.pscst.gov.in/ (Last visited on September 20,
2022).
29
AIR 1979 SC 143.
12
upholding the Magistrates observations rightly remarked that: "We are of the opinion that in a
matter of this nature (public nuisance) where what is involved is not merely the right of the
private individual but the health, safety and convenience of the public at large, the safer course
should be to accept the view of the learned Magistrate, who saw for himself the hazard resulting
from the working of the bakery."
Municipal Council, Ratlam v. Vardhichand30 has given flesh and blood to skeleton provisions in
Section 133 of the Code; Krishna Gopal" gives it a new vigour and life." Some cases discussed
here would enable us to understand how far the right to a pollution free environment was a part
of the basic jurisprudence of the land. It would also establish how effective was the Penal
provisions used to control air pollution.
Cases Post Air laws
In M.C. Mehta v. Union of India31, the Court was addressing the issue of closure and relocation
of some units of Sri Ram Foods on the ground that such hazardous industries cannot be operating
from populated areas. While this petition was pending, two instances of oleum gas leakage
occurred from one of the units and the workmen and the public suffered. A PIL was filed for
compensation to the victims. The Court for the first time laid down the rule of absolute liability
by stating that an enterprise engaged in hazardous activity is a potential threat to the people
working in the factory and those living in the nearby areas. Therefore, the enterprise owes an
absolute duty to the community. In the event of an accident, such enterprise is strictly and
absolutely liable to compensate all the victims. This liability is not subject to any exception.

In Consumer Education and Research Centre v. Union of India32 the Court pointed out the
importance of clean air at the workplace and directed all the asbestos industries to be bound by
rules regarding "safety" in the use of asbestos issued by the International Labour Organisation.
The elimination of air borne particles of asbestos and reparable asbestos from the
working environment in appropriate concentration as recognized by the competent authority
was directed by the Supreme Court to be followed by the employers.
In Vellore Citizens’ Welfare Forum v. Union of India33, a PIL was filed under Article 32 of the
Constitution about the discharge of untreated effluents by tanneries into agricultural lands and

30
AIR 1980 SC 1622.
31
AIR 1987 SC 395.
32
AIR 1995 SC 99.
33
(1996) 5 SCC 647.
13
waterways in Tamil Nadu. The Court held that the state must adopt the principle of sustainable
development keeping in view the Constitutional obligations under Articles 21, 47, 48-A and
51A (g). In addition, the Court considered the precautionary principle and the polluter pays
principle as the essential components of the principle of sustainable development and as part of
the environmental law of the country. The Court held that these principles are part of customary
international law and since not inconsistent with the municipal law shall be deemed to have
been incorporated into national law.
B. L. Wadhera v. Union of India34 A writ petition was filed under Art. 32 seeking directions to
the Municipal Corporation of Delhi and the New Delhi Municipal Corporation to perform their
statutory duties, in the collection, removal and disposal of garbage and other wastes from the
city. The Court issued a couple of interim orders, wherein directions were issued to the Delhi
administration to perform their duties. The Court held that the authorities entrusted with the
work of pollution control have been wholly remiss in discharge of their duties under the law
and that they cannot absolve themselves of their duties on the pretext of financial and other
limitations like inefficiency of staff etc.
In M.C. Mehta v. Union of India (Taj Trapezium case)35, the Court held that industries in the
Taj Trapezium Zone using coke or coal are polluting industries therefore these industries have
to convert to natural gas or must stop functioning and relocate themselves.
The Air Act under section 20 mentions the pollution caused by vehicular traffic is required to
be controlled and for this purpose the provision under section 17(1) (g) should be complied
with. In this regard, the state Government is empowered to give such instruction as may be
deemed necessary to the authority in charge of motor vehicles under the Motor vehicles act,
1988 and such authority shall be bound to comply with such instructions. It may be mentioned
that the Air Act as its name suggests deals with any activity that pollutes the air and as such
provides for steps and measures for dealing with such activities, namely, the industries,
vehicles etc. But once we do well upon the Act we will find that taking into consideration the
various industries and their polluting factor the pollution in totality is not considered in the act.
There is little more than one section in the whole act that mentions the pollution of vehicular
traffic but this is also not an active provision which acts as an instrument to penalize the erring
vehicles. This section only confers upon the state board in consultation with the Central Board,
34
AIR 1496 SC 2969.
35
(1997) 2 SCC 353.
14
the power to prescribe standards for emissions of air pollutants from vehicles and the state
Government in consultation with the state Board is empowered to give instruction to the
registering authority of vehicles in order to comply with the standards laid down by the state
Board.36
M.C. Mehta v. Union of India & others.37 The Court issued directions for the closure of H-
category industries creating pollution in capital city New Delhi. The Court further observed for
surrounding the land to Delhi development authority.
In M.C. Mehta v. Union of India38, the Court directed the phasing out of non- CNG buses and
fixed the time limit for the switch over to CNG.
In M.C. Mehta v. union of India39, the question which came up for consideration was whether
mining activity up to 5 kilometers from the Delhi-Haryana Border on the Haryana side of the
ridge and in the Aravalli Hills causes environmental degradation and if so what directions need
to be issued. After a perusal of the background of the case and its previous orders, the Court
held that the Aravalli Hill range needs to be protected at any cost. Therefore, mining activity
can be permitted only on the basis of sustainable development and on compliance of stringent
conditions.
In re Noise Pollution case,40 the Supreme Court examined the implications of noise pollution
vis-à-vis Article 21 of the Constitution. The Court dealt with the noise pollution caused by
firecrackers, loud speakers and vehicles in the light of the Noise Pollution (Regulation and
Control) Rules, 2000 and its own previous decisions. Accordingly, the Court issued direction to
the states to make provisions for seizure and confiscation of loud speakers, amplifiers and other
devices causing noise pollution beyond the permissible levels. As per Rule 3, ambient air
quality standards are to be prescribed 12 for different areas and a categorization of the areas
accordingly for implementation. The Court directed the Central and State Governments to
implement these rules wherever it is not done. The Court stated the need to create public
awareness about the hazardous effects of noise pollution. M.C. Mehta v. Union of India41 This
is a CNG case which involves section 3 of EP Act and article 39(e), 47, and 48-A of the

36
Santosh Kumar Gupta v Secretary Ministry of Environment, New Delhi, AIR 1998 M.P.
37
AIR 2001 SC 1544.
38
(2001) 3 SCC 756.
39
(2004) 12 SCC 118.
40
AIR 2005 SC 3136.
41
AIR 2002 SC 1696.
15
Constitution of India. By emission of smoke, noise etc. from vehicles carrying air and vehicular
pollution in NCT Delhi. By applying the principle i.e. precautionary principle and sustainable
development principle the court directed to phase non CNG buses and reduce use of diesel.
Time limit was fixed by the court and further gave the direction of the government for no
shortage of CNG.
These are 38 writ petitions filed by builders of various properties in the National Capital
Territory Delhi (NCT of Delhi) who have been issued show cause notices and also
directions by the Respondent Delhi Pollution Control Committee (`DPCC') for alleged
violation of Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and
Sections 21 and 22 of the Air (Prevention and Control of Pollution) Act, 1981. Barring two
petitions where the buildings constructed are residential complexes, in each of the other
petitions the building constructed is a commercial shopping complex or a shopping mall.42
In the case of Arjuna Gopal v. Union of India43 It was held that a balanced approach to tackle
this problem is needed, which may take care of concerns of both parties and, at the same time,
provide a reasonable and adequate solution. When the picture would become clearer after the
requisite studies/research is undertaken, more stringent measures can be adopted in future if
the situation warrants. All interlocutory applications seeking implement, intervention,
directions, modification, etc. are disposed of in aforesaid terms.

Jang Singh(Since Deceased) v. Punjab Pollution Control44 In this case the appellant under
Section 31-A of the Air (Prevention & Control of Pollution) Act, 1981 is wrong, illegal, null
and void and is liable to be withdrawn, vide which the appellant was directed to shift his
workshop from the present location to some other suitable site and to close its operation within
three months and further to the effect that respondents have no right to stop the working of the
appellant over the suit property marked as ABCD situated in village Tajpur, Tehsil and District,
Rupnagar in any manner. The appellant also sought consequential relief of permanent
injunction restraining the respondents and their authorized officials to make any type of
interference into the working of the appellant in his workshop and further restraining the
respondents from implementing the letter No.2758 dated 11.06.2015 in any manner.

42
Splendour Land Base Ltd. Vs Delhi Pollution Control Committee.
43
AIR 2018 SC 5731.
44
RSA-4143-2019.
16
RESEARCH PROBLEM
Air is the most important source of life, which humans are increasingly contaminating through
their industrial, agricultural, and transportation activities. Northern regions like Punjab and Delhi
are particularly affected by the air pollution. There are several laws made to control air pollution
and judicial verdicts on rising amount of air pollution, yet indicators show that more and more
people are being affected by air pollution every day. Therefore, a comparative study is proposal
about the effectiveness of mechanism in Delhi and Punjab.

RESEARCH OBJECTIVES
The main objective of the study is as follows:
1. To determine the laws and policies implemented for the purpose of reducing air pollution
in connection to the transportation system.
2. To find out how effectively the air pollution laws are enforced and in which region the air
pollution laws are well implemented.
3. To suggest the effective solution to make balance between international agreement and
national and regional air pollution laws.

RESEARCH QUESTION
1. What laws and policies are in place at the regional level to limit the use of outdated
vehicles in order to improve air quality?
2. What alternative strategies are there for improving the air quality in the Delhi and Punjab
regions?
3. What are the international agreements in conflict with the national and regional
air pollution laws?

RESEARCH AREA
The research area of the study is to identify the implementation of laws and policies related to air
pollution in the region of Delhi and Punjab. Air pollution is a broad and important topic;
therefore, the present study will focus on the implementation of air pollution laws at the regional

17
level. Every issue discussed in the research is taken into account keeping in mind its importance
and relevance.
RESEARCH METHODOLOGY
The research is based on the Doctrinal method. The data is collected from the online notification,
websites, news, Articles, research papers, government websites and other sources. The research
is based on primary as well as secondary data which shows the implementation of the air
pollution law in the region of Delhi and Punjab. The regional policies data has been taken from
the regional websites of respective regions. For the accomplishment of its study, the researcher
has adopted the doctrinal approach. The study has been based on the analysis of both primary
and secondary sources. For the doctrinal study, data has been collected through the following
sources:
Primary Sources: Primary data includes, Constitution of India, Environment protection laws in
India and International Treaties on Environment Protection and Other Statutes passed by
legislatures, Rules, Regulations passed by executive bodies and judicial decisions Supreme Court
of India and High Courts of States.
Secondary Sources: While the secondary sources include books, articles, journals, reports,
conferences, Internet resources, public records and statistics, historical documents, case studies,
and other sources of published and unpublished information have also been employed.
Secondary data consists of data collection from District Pollution Control Board, Ludhiana,
Municipal Corporation, Ludhiana, Industrial Department, case studies. Moreover, data is
collected from the published literature available from Municipal Corporation, Ludhiana, Central
Pollution Control Board, Delhi, Ministry of Environment and Forests, Government of India, New
Delhi, Punjab Pollution Control Board, Patiala. State Transport Commission, Punjab,
Environmental Statistics of Punjab, 2011, Statistical Abstract of Punjab etc.

SCOPE AND LIMITATIONS OF THE STUDY

The main scope of this study is to clear the difference between the implementation of the air
pollution law in the region of Delhi and Punjab. The study helps to understand in which region
the laws and policies are implemented well and about the hindrances in implementation of laws
and policies. This study is based upon the Doctrinal method and non-empirical method. In this
non-empirical method of study relevant research material have been consulted from available
18
legislative provisions, landmark judgments, commentary, research journals, articles, books,
international agreements, conventions and newspapers. Only legal aspects of the implementation
of Air pollution will primarily be focused. The present study only focuses on the legal aspects of
Air pollution's relationship with the transportation system in the region of Delhi and Punjab.

IMPORTANCE OF RESEARCH
This study is important to know about the actual laws and policies currently in place to prevent
air pollution in the region of Delhi and Punjab. It provides a comparative study of the two
regions and shows which regions have well-implemented air pollution laws. To know about the
implementing authorities and whether the laws have been fully implemented or not. The judicial
approach to the implementation of air pollution law in the region of Delhi and Punjab makes this
study very important. Air pollution in Delhi and Punjab is increasing at an extreme level, yet
many laws have been made to control air pollution. The study also gives some suggestions to
prevent air pollution effectively.

RESEARCH WORK PLAN

This research has been divided into six main chapters:
1. The 1st Chapter of the proposed research will entitle as the Introduction and which will
cover introduction, objectives of the research, scope of the research, research questions.
2. The 2nd Chapter of the research will deal with the Review of Literature and Research
Gap. This chapter will examine various issues related to Air Pollution and
Implementation of laws and policies related to Air Pollution in Delhi and Punjab.
3. The 3rd Chapter of the research will deal with research methodology which explain the
procedure of collecting the primary as well as secondary data.
4. The 4th Chapter of the research will deal with the Laws, Policies, Boards and
implementation mechanisms related to Air Pollution in Delhi and Punjab.
5. The 5th Chapter of the research will deal with the Judicial Approach to implement the
Laws in the region of Delhi and Punjab.
6. The 6th Chapter of the research will finally conclude the study in precise and concise
manner and winds up with suggestions for the better implementation of Air Pollution
Laws in the region of Delhi and Punjab.
19
BIBLIOGRAPHY
Books Referred
S. K. Agarwal, Air Pollution, (A.P.H. Publishing Corporation, New Delhi) 2009.
Saligram Bhatt, V. Balakista Reddy, and V. S. Mani, Air Law and Policy in India, (New
Delhi, Lancers Pub) 1997.
Dr J.C Batra, International Air law, (Reliance publishing house, New Delhi) 2003.
Sumit Sharma, Sumit Kumar Gautam, “Vehicular Emissions and Air Quality in India,”
TERI, 2018.
P. Leelakrishnan, Environmental Law Case Book, (LexisNexis, Butterworth’s) 2004.
S.C. Tripathi, Environmental law, (Central Law Publications, Allahabad) 2004.
J.J.R. Upadhyay, Environmental Law, (Central Law Agency, Allahabad, 3rd edition) 2012.

Journal/Article Referred
Sarath Guttikunda, “Air pollution in Indian cities: Understanding the causes and the
knowledge gaps,” (Centre for Policy Research, December 14, 2017).
BBC, ‘Delhi pollution: Is air quality in the Indian capital now improving?’ November 6,
2019.
Kritika Bansal, ‘Delhi Pollution: Air Quality Improves Marginally but Remains in Poor
Category’, (October 14,2020.)
Bhandarkar, Shivaji, “Vehicular pollution, their effect on human health and mitigation
measures.” (2013) page no.33-40.

Websites Referred
www.climatekids.nasa.com
www.india.com/news/Delhi
www.bbc.com
http://lawmin.nic.in/
https://www.ompe.org/en/the-consequences-of-air-pollution/
www.who.int/news
http://www.ppcb.gov.in/index.aspx
www.onlinelibrary.wiley.com
https://www.oxfordreference.com/view/10.1093/oi/authority.20110810104326671
http://www.pscst.gov.in/
https://www.treehugger.com/russell-mclendon-4845357
www.slideserve.com
www.degruyter.com
https://www.ompe.org/en/the-consequences-of