A Public Interest Litigation (PIL) has been filed before the Calcutta High Court by Advocate Akash Sharma, a practising advocate of the court, drawing attention to the persistent and recurring deterioration of air quality in the Kolkata–Howrah metropolitan region and seeking urgent and enforceable action by the State.

The petition notes that as on January 2, 2026, real-time Air Quality Index (AQI) data placed Kolkata in the “very poor to hazardous” category, with AQI levels ranging between 330 and 350. On the same day, Delhi recorded an AQI of around 200 and Mumbai around 220, indicating that Kolkata’s air quality was among the worst in the country.

It further states that the petitioner had submitted a detailed representation on November 12, 2025, to the Chief Secretary of West Bengal, the Chairman of the West Bengal Pollution Control Board (WBPCB), and the Principal Secretary of the Department of Environment, cautioning authorities about the predictable rise in winter pollution and urging the adoption of a structured Graded Response Action Plan (GRAP). In response, the WBPCB, through an email dated November 18, 2025, informed that it was in the process of research and preliminary testing for a software-based GRAP, without outlining any time-bound or enforceable measures.

The PIL argues that the sharp deterioration in air quality throughout December 2025 validates the concerns raised in the representation and shows that no effective steps were taken.

Seeking judicial intervention, the petition calls for recognition of recurring “very poor”, “severe” and “hazardous” AQI levels as a public health emergency. It also seeks directions for notifying a GRAP for the Kolkata–Howrah region, setting up an expert airshed task force, enforcing a strict ban on open waste burning with municipal accountability, conducting comprehensive audits of industrial pollution with continuous emission monitoring, and implementing time-bound measures to curb vehicular emissions, including phased scrappage of high-emission vehicles and regulation of inter-State diesel buses. The petition also seeks binding public health advisories during high-AQI days, with mandatory precautions for schools and hospitals.

The PIL clarifies that it does not seek to replace policy decisions but requests limited judicial directions to ensure effective enforcement of existing environmental laws and to protect the fundamental right to clean air under Articles 21 and 47 of the Constitution.

The matter is likely to be listed before the High Court next week.