Calcutta High Court Takes Suo Motu Cognisance Of “Hazardous” Kolkata Air; Seeks State’s Reply
From the Editor's Desk
The Calcutta High Court on Monday (January 19) took up a suo motu public interest matter over what it described as “hazardous” air quality in Kolkata.
The court said the issue will be heard together with a PIL filed by advocate Akash Sharma, which flags the continuing and recurring deterioration in air quality across the Kolkata–Howrah metropolitan region and seeks urgent, enforceable action by the State.
In his petition, Sharma pointed to real-time Air Quality Index (AQI) readings from January 2, 2026, when Kolkata reportedly remained in the “very poor to hazardous” band—around AQI 330–350—while Delhi was at about AQI 200 (“severe”) and Mumbai near AQI 220. He argued that the comparison showed Kolkata among the worst-performing cities in the country on that date. The petition was followed by the court initiating the suo motu PIL.
Hearing the matter, a division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen issued directions to the respondents to file their response within a stipulated timeline, stating: "This matter is taken up, along with the suo moto petition WPA 5 of 2026. Issue notice to the respondents by directing them to file their reply on or before 28 February 2026. Reply in affidavit if any may be filed within 2 weeks. List thereafter".
Sharma submitted that the city’s air quality has steadily worsened since December 2025, but the underlying causes have not been meaningfully addressed.
The PIL urges the court to treat repeated “very poor”, “severe” and “hazardous” AQI levels as a public health emergency and calls for a Graded Response Action Plan (GRAP) for the Kolkata–Howrah region. It also seeks the formation of an expert airshed task force; a strict ban on open waste burning with clear municipal accountability; industrial pollution audits alongside continuous emission monitoring; and time-bound measures to curb vehicular pollution, including a phased scrappage programme for high-emission vehicles and tighter regulation of inter-State diesel buses. The petition further asks for binding public health advisories on high-AQI days, including mandatory precautions for schools and hospitals.
At the same time, the PIL states it is not asking the court to replace policy choices, but to issue limited directions aimed at ensuring effective enforcement of existing environmental laws and safeguarding the fundamental right to clean air under Articles 21 and 47 of the Constitution.
Case Title: Akash Sharma v State of West Bengal; The Hon'ble High Court in its own motion (In re Air Quality).
Neutral Citation: Not mentioned in the order.
Case Number: WPA(P)/1/2026; WPA(P)/5/2026.
Bench: Chief Justice Sujoy Paul; Justice Partha Sarathi Sen.
