West Bengal Pollution Control Board ordered to devise air pollution policy: Calcutta High Court

The Calcutta High Court has directed the West Bengal Pollution Control Board (WBPCB) to formulate a comprehensive policy for controlling air pollution across the state and submit a time-bound implementation roadmap. The order was passed by a Division Bench of Chief Justice Ravindra Vithalrao Ghuge and Justice Om Narayan Rai on September 21, 2026, while hearing a Public Interest Litigation (PIL) filed by Advocate Akash Sharma and a suo motu proceeding on air quality.

Case Background

The PIL, registered as WPA(P) 1 of 2026, raised concerns over the recurring deterioration of air quality in Kolkata and Howrah, particularly during winter months. The petitioner relied on publicly available AQI data and reports to highlight the need for a more coordinated institutional mechanism to monitor and respond to poor air quality episodes. The court also took cognizance of the issue on its own motion in WPA(P) 5 of 2026.

During the hearing, the State government submitted that the WBPCB must come up with specific policies to ensure pollution control across West Bengal and improve the Air Quality Index. It assured the court that if the Board makes recommendations, the government would respond positively, noting that the proceedings were “not an adversarial litigation.”

Arguments Presented

The West Bengal Pollution Control Board informed the court that it had already tendered a short report but would prepare a more detailed affidavit containing methods and policies for pollution control. The Board sought time to present a proper report with a roadmap for initiating effective measures.

The court observed that the Board should work on its policies by inviting experts in the field as well as concerned state authorities, so as to lay before the court a roadmap containing timelines for implementation with the assistance of the State Government.

Legal Analysis

The High Court’s direction goes beyond mere measurement of AQI or isolated pollution episodes. It requires the statutory pollution control authority to formulate specific policies, involve technical experts, and place a time-bound implementation plan before the court. This approach ensures accountability and institutional coordination in tackling air pollution.

The court also directed the WBPCB and state authorities to take appropriate measures to control air pollution arising from firecrackers during the ensuing festivals, in light of the Division Bench’s earlier order dated October 11, 2022, in WPA(P) 292 of 2021.

Key Observations

The judgment contains several notable directions:

“The Board would prepare a proper report and tender it to the Court in the form of an Affidavit, which would contain methods and policies to control air pollution.”

“We direct the Board to work on its policies by inviting experts in the field as well as the concerned authorities of the State, so as to lay before this Court a road map containing time-lines for the implementation of its policies with the assistance of the State Government.”

“We would also direct the Pollution Control Board as well as the State Authorities, to ensure appropriate measures to curb air pollution on account of fire crackers during the ensuing festivals.”

Court’s Decision

The court granted time to the WBPCB to file its affidavit-in-reply/report on or before October 13, 2026, with copies to be supplied to the petitioner and the State government. The matter has been listed for further hearing on November 19, 2026, when the court will consider the roadmap submitted by the Board.

This order marks a significant step toward a structured, policy-driven approach to combat air pollution in West Bengal, with the court ensuring that the Board’s efforts are backed by expert input and clear timelines.