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Supreme Court – Daily Orders
Ridhima Pandey vs Union Of India on 22 July, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
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ITEM NO.9 COURT NO.7 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 388/2021
RIDHIMA PANDEY Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Mr. Jay Cheema and Mr. Sudhir Mishra Amicus Curie and Mr
Gaichargpou Gargmei Advocate on record will assist Amicus Curie
IA No. 16419/2025 - INTERVENTION/IMPLEADMENT
IA No. 15919/2025 - INTERVENTION/IMPLEADMENT
Date : 22-07-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON'BLE MR. JUSTICE ATUL S. CHANDURKAR
For Appellant(s) : Mr. Rahul Choudhary, Adv.
Ms. Srishti Agnihotri, AOR
Ms. Itisha Awasthi, Adv.
Ms. Sanjana Grace Thomas, Adv.
Mr. D.p.singh, Adv.
Ms. Tara Elizabeth Kurien, Adv.
For Respondent(s) :Mr. Vikramjit Banerjee, A.S.G.
Mr. Gurmeet Singh Makker, AOR
Mr. Nachiketa Joshi, Adv.
Mr. Ayush Anand, Adv.
Ms. Ruchi Kohli, Adv.
Ms. Swarupma Chaturvedi, Sr. Adv.
Mr. Raman Yadav, Adv.
Mr. Vikramjit Banerjee, A.S.G.
Ms. Nachiketa Joshi, Adv.
Mr. Ayush Anand, Adv.
Ms. Ruchi Kohli, Adv.
Ms. Swarupama Chaturvedi, Adv.
Mr. Chitvan Singhal, Adv.
Signature Not Verified
Mr. Amrish Kumar, AOR
Digitally signed by
INDU MARWAH
Date: 2025.07.31
Mr. Vikramjit Banerjee, A.S.G.
13:55:37 IST
Reason:
Mr. Swarupama Chaturvedi, Sr.Adv.
Mr. Nachiketa Joshi, Adv.
Mr. Ayush Anand, Adv.
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Ms. Ruchi Kohli, Adv.
Mr. Raman Yadav, Adv.
Mr. Sudarshan Lamba, AOR
Mr. Ashutosh Dubey, AOR
Mrs. Rajshri Dubey, Adv.
Mr. Ashutosh Dubey, Adv.
Mr. Abhishek Chauhan, Adv.
Mr. Amit P Shahi, Adv.
Mr. Rajendra Anbhule, Adv.
Mr. Rahul Sethi, Adv.
Ms. Chanda Trikha, Adv.
Mr. Sudhir Mishra, Adv.
Mr. Jatinder (jay) Cheema, Adv.
Mrs. Petal Chandhok, Adv.
Ms. Ritwika Nanda, Adv.
Ms. Swasti Mishra, Adv.
Mr. Ashish Bassi, Adv.
Mr. Gaichangpou Gangmei, AOR
Ms. Amrita Narayan, Adv.
Ms. Molshree Bhatnagar, Adv.
Mr. Shaida Das, Adv.
Mr. Harshit Dhamija, Adv.
Ms. Sukanya Lal, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. By our order dated 21.02.2025, recognizing that climate change
has ascended as one of the most existential global predicament,
wielding profound ramifications beyond mere environmental
degradation, escalating temperatures, erratic weather patterns, the
proliferation of extreme climatic events such as floods, droughts,
and heatwaves, we were of the opinion that it is compelling for
individuals and institutions to converge and adopt a coordinated
effort to effecting deal with the emerging situations.
2. Pursuant to our directions, the Ld. Amici Curiae and the
Government of India have filed detailed written submissions. We now
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propose to consider the impact of power generation and the
consequential carbon emissions on climate change. In the written
submissions carbon emissions arising from various sectors namely;
construction sites (30%), Crop Residue Management (3%), Power
Generation (8%), Waste Management etc. have been indicated by the
Amici Curiae.
3. In so far as the carbon emissions from power generation are
concerned, the written submissions filed by the Ld. Amici Curiae is
extracted hereinbelow for ready reference;
“11.6. Power Generation (8%)
There are several coal-fired power plants in
Punjab and Haryana, within 300 km of the NCR.
State Power plant Capacity Fuel
(MW)
Haryana Deenbandhu Chhotu Ram 600 Coal
Thermal Power Station,
Yamuna Nagar
Haryana Indira Gandhi Super 1500 Coal
Thermal Power Project,
Jhajjar District.
Haryana Mahatma Gandhi Super 1320 Coal
Thermal Power Project,
Jhajjar District.
Haryana Panipat Thermal Power 710 Coal
Station
Haryana Rajiv Gandhi Super 1200 Coal
Thermal Power Station,
Hissar District.
Punjab Goindwal Sahib Power 540 Coal
Plant, Tarn Taran
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District.
Punjab Guru Gobind Singh Super 840 Coal
Thermal Power Plant,
Ropar
Punjab Guru Hargobind Thermal 920 Coal
Plant, Lehra Mohabbat
Punjab Rajpura Thermal Power 1400 Coal
Plant, Patiala District
Punjab Talwandi Sabo Power 1980 Coal
Project, Mansa District
11.6.1 All these plants are located generally
upwind of Delhi. In addition, there are a number
of coal-fired power plants in Uttar Pradesh,
generally to the east of Delhi.
11.6.2 A study based on the environmental status
reports for these thermal power plants, sourced
from the website of the Central Electricity
Authority (CEA), a technical arm of the Union
Ministry of Power, from April 2022 to August 2023,
concluded that non-compliance with emission
standards is contributing significantly to air
pollution in the region. According to one report,
these plants account for around 8% of the PM 2.5
pollution in Delhi-NCR.
11.6.3 On November 18, 2024, Delhi’s Air Quality
Index reached 481, in the ‘severe’ category. A
report by the Centre for Research on Energy and
Clean Air (CREA) focused on the spotlight on
thermal power plants as a dominant, year-round
source of sulphur dioxide (SO2) emissions, which
emit SO2 at levels considerably greater than
stubble burning, a seasonal contributor to
emissions that often gets far more publicity.
11.6.4 Coal-fired power plants emit particulate
matter (PM2.5 and PM10), nitrogen oxides, sulphur
oxides, as well as carbon dioxide, a greenhouse
gas. Unlike the smoke from open burning of
stubble, emissions from power plants are
discharged along with exhaust gases from tall
stacks as buoyant plumes, which can transport the
pollutants over greater distances. Emissions of
sulphur oxides from power plants lead to the
formation of secondary particulate matter, with
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smaller aerodynamic diameters that disperse with
exhaust gases and can affect ambient air quality
at greater distances.
11.6.5 Studies show that the sulphur content in
Indian coal is 0.7% or less.
11.6.6 Almost all this sulphur is converted to
sulphur dioxide and trioxide during the combustion
process. These emissions may be reduced by the use
of Flue Gas Desulphurization (FGD) systems.
Electrostatic precipitators (ESP) may be used to
control particulate emissions. Only a small
fraction of the TPPs that were required to install
FGD systems have actually done so.
11.6.7 Nearly 540 power plant units nationwide
were required by 2026 to install flue-gas
desulphurization (FGD) systems that remove sulphur
from the plants’ exhaust gases but only about 8%
have done so, including those run by state-run
NTPC and privately held JSW Power 30.
11.6.8 By notification dated December 30, 2024,
the Union Ministry of Environment, Forest and
Climate Change (MoEF&CC) has reportedly issued yet
another extension for thermal power plants (TPP)
to comply with sulphur dioxide (SO2) emission
norms, marking the fourth such delay”. One reason
for this could be the cost. It is argued that FGD
systems do not actually improve air quality and
the focus instead should be on cleaner-energy
sources and India should phase out older and less
efficient coal-based plants instead of spending
money on FGD systems. Note that FGD systems do not
control emissions of greenhouse gases. However,
till such time as renewable sources such as solar
and wind are capable of meeting the demand, coal-
fired TPPs are going to be around. The question is
whether coal-fired TPPs should continue to emit
current levels of SO2 during the period of
transition or if there is any alternative
technology that the Government needs to discover
and implement.
11.6.9 It was reported on 27 January 2025 in MC
Mehta Vs UOI, that the Supreme Court of India has
expressed concern over the deadline extension of
three years given to NCR power plants for
compliance with statutory emission norms for SO2
and non- SO2 pollutants. “If these timelines are
extended, there will be a problem for Delhi.”
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11.6.10.Other control measures would include
replacing dirtier fuels with cleaner fuels, e.g.,
low ash and low sulphur coal, coal with natural
gas, or replacing fossil fuels with renewable
energy sources.
11.6.11.According to projections by the Indian
government, the requirement for electric power
will double by 2030. While solar and wind will
help in meeting this increased demand, coal will
be the major contributor, at least till such time
as green energy sources ramp up.
11.6.12. Renewable Energy
Increased use of renewable energy would reduce
reliance on fossil fuels and the resulting
emissions of pollutants and greenhouse gases. At
the recent COP28 UN Climate Change Conference in
Dubai, India made a commitment to have 50% of
“cumulative electric power installed capacity”
come from non-fossil fuels by 2030.
11.6.13 Solar
Solar energy offers a clean, climate-friendly,
abundant and inexhaustible energy resource. The
costs of solar energy have been falling rapidly;
Solar Thermal Electricity (STE) and Solar Photo
Voltaic Electricity (SPV) are generally
competitive with conventional energy sources11.6.14 Large utility-scale solar plants such as
the Adani Green Energy Limited 30 GW plant being
built on barren land at Khavda in Kutch, occupying
an area of 538 sq km, bring efficiencies of scale,
and will help reduce the need for TPPs when fully
constructed.
11.6.15 The power generated by each individual
household, industrial building, commercial
building or any other type of building can be used
to partly fulfill the requirements of the building
occupants and surplus, if any, can be fed into the
grid. Rooftop solar is generally more effective in
rural and semi-rural areas; in urban areas, the
effective rooftop area is believed to be a small
fraction (5% to 6%) of total area.
11.6.16 The roof top SPV systems on building’s
7roof space can be installed to replace DG gensets
for operation during load shedding. The price of
power generated from solar plants installed today
is at par with or lower than the commercial tariff
for consumers. In grid connected rooftop or small
SPV system, the DC power generated from SPV panel
can be converted to AC power and fed to the grid
on 440/220 Volt, three/single phase line depending
on the capacity of the system.
11.6.17 Wind
`On 1st February 2014 Finance Minister Nirmata
Sitharaman announced that 1 crore households will
receive 300 units of free electricity through the
rooftop solar scheme. This announcement has
boosted interest in green energy.
11.6.18.Other potential sources of renewal energy
are wind, both land-based and offshore. As of
2023, India’s wind energy capacity was less than
42 gigawatts, ranking it fourth in the world.
According to the Ministry of New & Renewable
Energy, India’s wind energy potential in estimated
to be 302 gigawatts at 100 meters above ground
level and 695.5 gigawatts at 120 meters above
ground level, mostly in 8 windy States, including
Tamil Nadu, Karnataka, Gujarat, Maharashtra and
Rajasthan11.6.19. The Government of India has set a target
of 30 gigawatts (GW) of offshore wind
installations by 2030. In February 2022, RWE
Renewables GmbH and Tata Power Renewable Energy
Limited, a 100 percent subsidiary of Tata Power,
formed a partnership to explore the potential for
a joint development of offshore wind projects in
India,11.6.20. Other
Other potential renewable sources include
tidal energy in coastal areas. Non-fossil fuel
alternatives include nuclear power plants and
Small Modular Reactors; while these do not produce
the emissions that fossil fuel plants do, long-
term storage and disposal of radioactive wastes is
an ongoing issue.”
4. The Amici Curiae has also brought to our notice the latest
8Notification dated 11.07.2025 issued by the Ministry of
Environment, Forest and Climate Change deciding the 2025 Rules. It
is submitted that these Rules in fact dilute the norms that have
been laid down in the 2015 Notification.
5. Ms. Swarupama Chaturvedi appearing on behalf of the Union of
India, has referred to the affidavit filed by the Ministry of
Environment, Forest and Climate Change through the Nodal Agency
indicating the plan and the steps that have been taken as regards
controlling and regulating the carbon emissions arising out of
power generation. Our attention is also drawn to paragraph 26 which
is as under:
26.I state that as per India’s 4th Biennial Update
Report BUR-4) to the UNFCCC, India’s emission
intensity of Gross Domestic Product (GDP) reduced
by 36 percent between 2005 and 2020, By March
2025, the share of non-020/B) fossil sources in
the installed electricity generation capacity
is/48.03 percent. Total installed capacity of
renewable power, including large hydropower, is
220.10 GW and cumulative renewable power installed
capacity (excluding large hydro projects) has
increased 4.8 times from 35.85 GW in March 2014 to
172.37 GW in March 2025. India’s forest and tree
cover has consistently increased and currently
stands at 25.17% of the total geographical area of
the country, During 2005 to 2021, additional
carbon sink of billion tonnes of carbon dioxide
(CO2) equivalent has peen created. That, despite
India’s very low contribution to LEZE ON torical
emissions and the current levels of global
emissions, India has taken proactive actions to
combat climate change in the context of
sustainable development and its developmental
aspirations.”
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6. In order to address the issue of carbon emissions arising out
of power generation, we deem it necessary that all stakeholders
must be on the same platform to discuss, formulate and implement
the plan systematically and consistently for achieving short-term
and long-term goals. It is therefore necessary to connect those
involved in the process of power generation, transmission and
distribution as well as the regulators. It is equally necessary to
ensure that the policy makers are attuned with ground realities and
the difficulties of the regulatory and executory machinery.
7. To this end, we deem it necessary to direct Central
Electricity Authority constituted under Section 70 of the
Electricity Act, the Central Electricity Regulatory Commission
constituted under Section 76 to be impleaded as party respondent.
We implead them as respondents and issue notices. We direct the
Ministry of Power to convene a joint meeting with Central
Electricity Authority and the Central Electricity Regulatory
Commission to discuss about the plan of action with respect to
reduction of carbon emissions in the power generation sector and
file a joint affidavit indicating legal regime for this purpose and
the plan of action in furtherance of the same. The affidavit shall
be filed within four weeks from today.
8. List these matters for further hearing on 19.08.2025.
(INDU MARWAH) (NIDHI WASON) AR-cum-PS COURT MASTER (NSH)
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