Delhi Introduces A Comprehensive Annual Compliance Framework For Winter Air Pollution And Businesses Have Less Than Three Months To Prepare

The entire territory of Delhi has been facing severe winter air pollution for years. From a seasonal inconvenience, it has now turned into a recurring environmental and regulatory challenge. Every winter, a series of notifications, directions and administrative orders have been issued by the Government of NCT of Delhi (“GNCTD”), along with measures under the Graded Response Action Plan (“GRAP”) implemented by the Commission for Air Quality Management (“CAQM”). This reactive approach during the winter months has often created uncertainty regarding applicable compliance requirements, implementation timelines and business continuity planning. This year, however, businesses cannot wait for air quality to deteriorate or for GRAP measures to be invoked before beginning preparations.

To bring consistency to this approach, the GNCTD issued a Comprehensive Direction dated 23 June 2026¹ under Section 5 of the Environment (Protection) Act, 1986, which was published in the Delhi Gazette on 1 July 2026 (“Notification”). The Notification consolidates the recurring pollution control measures into a single framework that will automatically apply from 1^st November to 28th February every year, or for such other period as may be specified. It recognises that severe air pollution in Delhi is a recurring seasonal phenomenon and not an isolated event, based on data for the last three years (2023-24, 2024-25 and 2025-26), which indicates that the median AQI ranged between 312 and 342, while the maximum AQI ranged between 461 and 494. The Directions are intended to mitigate the adverse effects of extraordinary seasonal air pollution in a systematic manner, while maintaining a calibrated balance between public health and continuity of essential economic and social activities. With the first annual compliance cycle commencing on 1st November 2026, businesses now have less than three months to assess their exposure and put the necessary operational arrangements in place.

Key Measures under the Comprehensive Direction under Section 5 of the Environment (Protection) Act, 1986

The key measures under the Comprehensive Direction, and the actions businesses should take now, include:

Operating private offices with not more than 50% workforce

Applicable from 1^st November to 31^st January, all private offices operating in the NCT of Delhi must ensure that not more than 50% of their employees are physically present at the workplace, with the remaining workforce mandatorily working from home. Private entities must also implement staggered working hours and minimise vehicular movement associated with office commutes through measures such as car-pooling, ride-sharing, common buses and greater use of public transport. Essential and emergency services are exempt, subject to the categories specified in the Notification.

Installation of Anti-Smog Guns/Mist Systems at eligible premises before 15^th August

Applicable throughout the year (except during the notified monsoon and peak summer period), owners of commercial high-rise buildings having a built-up area exceeding 3,000 square metres in the NCT of Delhi, including malls, hotels, office buildings and other institutional buildings of G+5 and above, are required to install anti-smog guns or approved mist systems. The systems must remain operational throughout the year, except from 1st May to 15th September, and all installations must be completed on or before 15th August. Further, mist systems are mandatory at all under-construction sites having a plot area exceeding 1,000 square metres. The annexures to the Notification prescribe technical and operational requirements for these systems. For eligible businesses, this is the most immediate compliance deadline.

Planning for construction and demolition activities in accordance with the restrictions

Applicable from 1^st November to 31^st January, commercial entities planning facility upgrades, including construction, expansion or renovation, are prohibited from carrying out dust-generating demolition and outdoor civil construction during the restricted period, unless expressly exempted. Finishing, plumbing and electrical work within a construction site may continue, subject to strict compliance with construction and demolition waste management and dust-control requirements. Storage or dumping of construction or demolition material outside the site is prohibited. A complete ban on construction and demolition activities will apply from 10th December to 20th January, subject to the limited exceptions in the Notification.

Planning for procurement and movement of construction materials

Applicable from 10^th December to 20^th January, businesses undertaking construction activities should plan procurement and deliveries in advance, since vehicles carrying construction materials, including sand, aggregates, stone, bricks, cement, ready-mix concrete and debris, will not be permitted to enter Delhi from 10th December to 20th January. Limited exceptions apply to projects of national or strategic importance, essential public infrastructure and utility services, and emergency works.

Ensuring company vehicles possess a valid Pollution Under Control Certificate (PUCC)

Applicable throughout the year, businesses operating company-owned or leased vehicles, employee transport or logistics fleets should verify that all such vehicles have valid PUCCs. Petrol, diesel and CNG/LPG retail outlets in the NCT of Delhi will dispense fuel only upon production or electronic verification of a valid PUCC, including through ANPR, VAHAN or other centralised databases. Businesses should extend this verification to vehicles operated by transport, logistics and facility-management vendors.

Review of the use of vehicles registered outside Delhi

Applicable from 1^st November to 31^st January, businesses relying on vehicles registered outside Delhi should ensure that vehicles below BS-VI emission standards are not deployed within the NCT of Delhi during the restricted period. The restriction does not apply to CNG or electric vehicles, emergency and sovereign-duty vehicles, and any other category specifically exempted by the Environment Department.

Doubling of parking charges

Applicable from 1^st November to 28^th February, parking charges at authorised parking sites will be doubled to discourage the use of private vehicles, except at parking facilities owned and managed by the Delhi Metro Rail Corporation (DMRC). Businesses may need to factor the increased cost into employee commuting and transport arrangements.

Prevention of open burning within premises and areas under business control

Businesses must ensure that no open burning of waste, biomass, leaves, garbage, plastic or any other material takes place within premises or areas under their ownership, occupation, management, supervision or control. This responsibility extends to contractors and agencies providing security, sanitation, horticulture, housekeeping, maintenance or allied services. Where required, establishments must provide adequate heating through electricity or other approved clean or non-polluting fuels so that personnel do not resort to open burning. Appropriate waste-management, contractor-control and monitoring measures should be implemented to prevent violations.

Applicability of the Notification

The framework will automatically come into force every year from 1 November to 28 February, or for such other period as may be specified. It creates a fixed annual baseline for compliance. However, if the CAQM invokes more stringent measures under GRAP, those measures will prevail and must be complied with on priority.

Applicable Penalties on Breach

Any person or entity found violating the Directions will be liable to penal action under Section 15 of the Environment (Protection) Act, 1986, including prosecution. Authorities may also impose environmental compensation, seal or close premises, or initiate any other action permissible under applicable laws. In relation to open burning, both the entity and responsible persons may face action for an act, omission or negligence resulting in a violation.

The Notification marks a significant shift in Delhi’s approach to winter air pollution regulation. Instead of relying only on fragmented and reactive seasonal orders, the Government has established a recurring annual compliance framework that provides greater regulatory certainty while strengthening enforcement. With less than three months remaining before the first cycle begins, organisations should not wait until November to act. They should identify affected offices, buildings, construction sites and vehicle fleets; allocate responsibilities across human resources, facilities, transport, projects, procurement and compliance teams; review vendor arrangements; and maintain documentary evidence of implementation. These requirements should be treated as recurring annual compliance obligations and integrated into environmental, transport, construction, workforce and business continuity planning.

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Footnote

1 https://environment.delhi.gov.in/sites/default/files/environment/circulars-orders/egazette_environment.pdf

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.