Delhi Air Pollution : Labour Union Moves Supreme Court Against Blanket Ban On Construction Activities

A national-level coordination committee of various construction labourer unions across India has moved the Supreme Court challenging the orders of Government of NCT of Delhi and Haryana imposing ban on construction activities in wake of the ongoing pollution crisis.

An application has been filed seeking to intervene in the PIL being heard by the Top Court, relating to urgent measures required to improve the air quality of the national capital.

The application has been filed by National Campaign Committee For Central Legislation On Construction Labour, and Biltan Mandal, who is working as a plumber in Delhi.

Seeking exemption of the non-polluting constructing activities from the ambit of the bans, the plea has sought directions to the Government of NCT of Delhi and Government of Haryana, to limit the ban on construction activities to the demolition and excavation works.

The applicant has sought directions to modify orders dated 13.11.2021 and 14.11.2021 passed by Delhi and Haryana Government respectively to the extent that they impose ban on the construction activities which do not cause any air pollution.

Further directions have been sought to the Centre, Delhi and Haryana Government and their instrumentalities, to not impose ban on construction activities without adequate prior notice and publicity atleast 15 days in advance.

The plea has sought directions to Government of NCT of Delhi and Government of Haryana to frame 'ex-gratia relief schemes' for the building workers, for the days when they are put out of work.

The Applicants have argued that due to worsening air quality conditions during October- December each year in Delhi NCR, the governments and their instrumentalities, have been abruptly imposing blanket bans on construction activities without any prior notice despite the fact that air quality can be reasonably forecasted.

According to the applicants, the failure to give prior intimation before imposing the bans leads to serious financial insecurity and harassment for the workers. Further, it makes it difficult for the workers to plan their work schedules, which leads to serious financial losses and difficulties.

As such, the fundamental right to work of many building workers gets trampled and the workers are made to suffer, despite the fact that their work activities having nothing whatsoever to do with air pollution.

The application has been filed through Advocates Shivendra Singh and Advocate Chirayu Jain. 

Case Title: Aditya Dubey & Anr Vs Union of India & Anr. 

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