Commission for Air Quality Management

The Commission for Air Quality Management (CAQM) in the National Capital Region and adjoining areas is a statutory body established under the Commission for Air Quality Management in NCR and Adjoining Areas, Act, 2021.
The Commission has been established for better coordination, research, identification and resolution of problems surrounding matters related to air quality in the National Capital Region (NCR) and adjoining areas.
- Adjoining areas have been defined as areas in Haryana, Punjab, Rajasthan, and Uttar Pradesh, adjoining the National Capital Territory of Delhi and NCR, where any source of pollution may cause adverse impact on air quality in the NCR.
CAQM consolidates all monitoring bodies, and brings them on one platform so that air quality management can be carried out in a more comprehensive, efficient, and time-bound manner.
- The CAQM replaced the 22-year-old Supreme Court-appointed Environment Pollution (Prevention and Control) Authority (EPCA).

The Commission has the power to take measures, issue directions and entertain complaints for the purpose of protecting and improving the quality of air in NCR.
The powers of the commission supersedes that of any other body in matters of air pollution.
- In cases where conflict may arise between orders or directions issued by the other state governments, state pollution control boards or even the Central Pollution Control Board, the orders of the commission will prevail.
It also coordinates action taken by states on air pollution and lays down parameters for air quality and emission or discharge of environmental pollutants.
It also has powers to restrict industries in any area, carry out random inspections of any premises including factories and can close down an industry or cut its power and water supply in case of non-compliance.
No civil court shall have jurisdiction to entertain any suit, proceeding or dispute pertaining to or arising out of the actions taken or directions issued by the commission and that orders of the commission can only be contested before the National Green Tribunal.

NGT is a statutory body established in 2010 under the National Green Tribunal Act 2010.
It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.
It provides speedy environmental justice and helps reduce the burden of litigation in the higher courts. 
- The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.
NGT is vested with the powers of a civil court for discharging its functions but it can make its own rules.
The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.

The Tribunal has a presence in five zones: North, Central, East, South and West. The Principal Bench is situated in the North Zone, headquartered in Delhi.
The Central zone bench is situated in Bhopal, East zone in Kolkata, South zone in Chennai and West zone in Pune.
The Tribunal is headed by the Chairperson who sits in the Principal Bench and has at least ten but not more than twenty judicial members and at least ten but not more than twenty expert members.
The Chairperson of NGT is appointed by the Central Government in consultation with the Chief Justice of India.

The NGT deals with civil cases under the seven laws related to the environment, these include
- The Water (Prevention and Control of Pollution) Act, 1974
- The Water (Prevention and Control of Pollution) Cess Act, 1977
- The Forest (Conservation) Act, 1980
- The Air (Prevention and Control of Pollution) Act, 1981
- The Environment (Protection) Act, 1986
- The Public Liability Insurance Act, 1991 and
- The Biological Diversity Act, 2002.
The Tribunal has jurisdiction over all civil cases involving a substantial question relating to the environment.
Additionally, any person aggrieved by an order/direction of any of the Appellate Authorities under the legislations mentioned above can also challenge them before the National Green Tribunal.
The Tribunal’s orders are binding and it has power to grant relief in the form of compensation and damages to affected persons.
The Tribunal has powers to review its own decisions. If this fails, the decision can be challenged before the Supreme Court within ninety days.

CAQM is headed by a full-time chairperson with experience of not less than 15 years in the field of environmental protection and pollution control or having administrative experience of not less than 25 years.
The commission also has three members, being stakeholders from sectors such as agriculture, industry, transport or construction apart from representatives of several ministries.
- The Chairperson and members of the Commission will have a tenure of three years or till the age of seventy years, whichever is earlier, and shall be eligible for re-appointment.

GET IN TOUCH