Delhi AQI Case: Pollution Curbs 'Annual Failure' Says SC

As Delhi reels under a blanket of smog and an AQI of 328, the Supreme Court on Wednesday passed a series of coercive orders to tackle air pollution. The top court directed that the Delhi government should look for alternative means of employment for construction workers who are sitting idle due to GRAP-IV restrictions in the capital city. The top court also directed the government to transfer money into the accounts of such workers. 

During the hearing, Chief Justice of India (CJI) Surya Kant also made the observation that toll collection at Delhi's borders should be suspended to help curb vehicular pollution. "We do not want income from tolls in such severe pollution," the CJI said. 

Ban on Use of Vehicles Made Before 2010

During the hearing, the apex court also pointed out that the vehicular traffic in the capital was a large reason for the pollution crisis. The court said that cars made before 2010— BS-3 engine cars—should not be allowed but also modified its previous order to exempt cars that had BS-4 engines and after.

Toll Collection Suspended

The apex court said it would make a concrete plan to ensure that no toll plazas operate at Delhi's borders until January 31, 2026. The court further said that from next year, toll collection should be suspended every year between October 1 and January 31, which is the peak pollution period in the capital city. The CJI also directed that a notice be issued in the matter.

A senior advocate appearing for the National Highways Authority of India (NHAI) accepted court notice. While asking the NHAI to consider relocating polls in the national capital to areas that can be monitored by the NHAI, the bench also suggested that a portion of toll revenue collected could be shared with the MCD to compensate for temporary losses arising from removal or shifting of toll booths.

Physical Classes Remain Suspended For Under Class V Kids 

The Supreme Court also refused to entertain petitions that challenged Delhi Government's December 15 order suspending physical classes till the fifth standard. The top court said that the suspension of classes was “only a temporary measure” and that the winter break for the schools was commencing next week. Saying that the court could not be “super specialist” in such cases, the bench left the matter for the consideration of the CAQM.

Appearing in the case, senior advocate Menaka Guruswamy told the top bench that closing of schools had an adverse effect on the poor, as their children were not getting midday meals. She also questioned the rationale behind the decision, asking how school children were contributing to pollution.

Guruswamy said her clients were poor parents who continued to work outdoors despite the pollution, parking cars and working on the streets. She questioned whether the air inside their homes was any better than in classrooms and pointed out that the Supreme Court had earlier indicated that a hybrid option should be made available to parents. The current arrangement benefited only wealthy parents who could afford to keep children at home, she added.

The court, however, said: "We have heard the learned senior counsel regarding the direction sought for closure of schools and holding it online. We are informed that schools for children up to age of nursery to class five are closed temporarily, and the winter break will start soon. Hence, there is no need for this court to intervene," the bench observed in the order.

The national capital’s air quality had slightly improved from ‘hazardous’ to ‘very poor’ on December 17, 2025. AQI as of Wednesday morning was 328, in comparison to 377 on Tuesday.

Out of the 40 air quality monitoring stations recorded, 30 were in the ‘very poor’ category, with Bawana registering the poorest air quality of 376, according to the Central Pollution Control Board’s Sameer app.

Earlier the bench had said it would pass workable directions in the December 17 hearing.