SUPREME COURT UPDATES

Supreme Court reimposes ban on construction in Delhi-NCR

Photo by Jacek Dylag on Unsplash

Air quality has deteriorated, the Hon’ble Supreme Court has re-imposed ban on construction activities in Delhi-NCR. In meantime, the Hon’ble Supreme Court has directed an interim measure until further orders to reimpose the ban on construction activities in the NCR. The order was passed by the Bench led by Chief Justice of India NV Ramana ordered.

The court directions are as follows:

(i) Non-polluting activities relating to construction such as the plumbing work, interior decoration, electrical work and carpentry are allowed to be continued;

(ii) The States shall use the funds which have been collected as labour cess for the welfare of construction workers to provide them subsistence for the period during which construction activities are prohibited and pay wages notified under the Minimum Wages Act for the respective categories of workers.

(iii) It directed the commission to conduct a scientific study of air quality based on available data of previous years bearing upon recorded levels of air pollution.)

A special bench headed by Chief Justice N V Ramana, in an interim order directed the Commission for Air Quality Management in the NCR and Adjoining Areas to “commission a scientific study of air quality based on available data of previous years bearing upon recorded levels of air pollution”.

Asking the Commission for Air Quality Management in the NCR and Adjoining Areas and the states of Delhi, Haryana, Punjab, Uttar Pradesh and Rajasthan to continue with their measures to curb the spike in pollution, it reversed the decision that allowed construction activities from November 22.

“We direct that instead of waiting for the air quality to deteriorate before initiating action under the graded response plan, necessary measures must be put in place in anticipation of a deterioration of air quality. For this purpose, it is necessary for the commission to engage expert agencies with domain knowledge in meteorological data and statistical modelling,” it said in its order uploaded on Wednesday night.

On Wednesday, it postponed the hearing on worsening air pollution in Delhi-NCR to November 29. “Take the measures for the next two-three days and we will again hear this matter next Monday,” it had said.

Once a scientific model is available, which factors in wind velocity as well as natural and man-made phenomena, the graded response plan can be modulated to provide for measures being taken in advance, based on anticipated changes in air quality without waiting for the air quality to deteriorate. On this basis steps can be planned at least a week in advance and even earlier, based on anticipated levels of air pollution in the foreseeable future. The Commission shall carry out the above exercise within a month and report the steps taken for compliance with this direction.

Photo by Jacek Dylag on Unsplash

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