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Trending: Call for Papers Volume 5 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

JUDICIAL ACTIVISM AND REGULATORY FAILURES IN AIR POLLUTION CONTROL: ANALYZING SUPREME COURT INTERVENTIONS AND POLICY FRAMEWORK IN DELHI NCR – Tanishka Sai Bablani

Abstract

Air pollution has emerged as a critical environmental challenge worldwide, with India facing particularly acute issues, especially in its urban centers. The complexity of this problem stems from the diverse array of pollutant sources and types, making both analysis and mitigation efforts multifaceted. Urban areas are especially vulnerable due to the convergence of various pollution sources, which can differ based on local conditions and development patterns. Human activities, including rapid industrialization, overexploitation of natural resources, and population growth, are primary contributors to deteriorating air quality. The push towards globalization and industrial expansion has led to a concerning rise in environmental degradation caused by air pollution. The National Capital Region (NCR) of Delhi has been struggling with severe air quality issues for more than ten years, with the situation reaching alarming levels recently. Despite the implementation of legislative measures such as the Air (Prevention and Control of Pollution) Act, 1981, and other environmental regulations, the region continues to experience poor air quality. This paper examines the strategies, statutory regulations, administrative frameworks, and various initiatives undertaken by government agencies to protect the environment in the Delhi NCR. Additionally, it explores specific pollution control programs aimed at reducing air pollution levels in the area. In response to the persistent air quality crisis, the judiciary has increasingly stepped into the regulatory landscape. The Supreme Court of India and other courts have taken an active role in environmental governance, issuing directives and orders that aim to bridge the gap between policy formulation and implementation. This judicial activism has become crucial in the fight against air pollution in Delhi NCR, compelling government agencies and stakeholders to take tangible steps towards improving air quality.

Keywords: pollutant; environment; implementation; overexploitation