SC reimposes ban on construction activities in Delhi-NCR

The Supreme Court on Wednesday reimposed a ban on construction activities in Delhi and the National Capital Region in view of deteriorating air quality.

The top court also directed the Commission for Air Quality Management in Delhi-NCR to undertake a study based on previous years records to decide ameliorative steps in advance.

"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 into place in anticipation of a deterioration of air quality," a bench presided over by Chief Justice N V Ramana said.

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For this purpose, it is necessary for the Commission to engage expert agencies with domain knowledge in meteorological data and statistical modelling, the bench added.

Giving details of measures to curb air pollution, Solicitor General Tushar Mehta said that a plan for graded response has been prepared in pursuance of which measures are identified to be taken progressively on the basis of worsening levels of ambient air pollution. 

The court passed a detailed written order in a 2020 PIL filed by minor Aditya Dubey.

The air quality index was recorded as 361 termed as very poor.

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While reimposing the ban on construction activities, the bench, also comprising Justices D Y Chandrachud and Surya Kant, said non-polluting activities such as plumbing work, interior decoration, electrical work and carpentry are allowed to be continued.

The court also directed states to use the funds already collected as labour cess for the welfare of construction workers, to provide them subsistence for the period during which construction activities are prohibited and to pay wages notified under the Minimum Wages Act for the respective works.

The top court gave the Commission for Air Quality Management in Delhi-NCR a month's time to commission a scientific study of air quality based on available data of previous years bearing upon recorded levels of air pollution. 

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It said the study must factor in seasonal variations and other relevant parameters.

"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,'' it said.

The court said that this is necessary for planning a response at least a week in advance and even earlier, based on anticipated levels of air pollution in the foreseeable future. 

It posted the matter for further consideration on November 29.

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