Delhi Pollution : Supreme Court Directs Air Quality Commission To Invite Suggestions Of Public & Experts For Permanent Solution

A Bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant observed that suggestions received have to be considered by an expert group constituted by the Commission.

The direction has been issued while hearing a petition seeking urgent directions required to improve the air quality in the National Capital.

The Bench also recorded Centre's submission that a decision with regard to restriction on construction activities in Delhi NCR and adjoining areas will be taken tomorrow. The Bench will hear the matter next in the first of February.

During the hearing, Solicitor General of India Tushar Mehta appearing for the Union of India apprised the Bench of the important decisions taken by the Commission.

SG informed the Court that after due consideration, the operation of industrial processes related to milk, dairy processing, manufacture of drugs, life-saving medicines and medical equipment has been permitted.

SG also informed the Bench that some industries which were earlier permitted to function for 8 hours, have been allowed to have continuous process but for 5 days and not 7 days. Further these industries have been staggered so they don't function on the same days.

SG submitted that thermal power plants which are shut will remain to be shut but more plants will not be shut. A call regarding construction activities will be taken tomorrow. Hospital constructions have been permitted but trucks etc continue to be banned.

When the Bench pointed out that the air quality in Delhi today is poor, SG Mehta submitted that other than the immediate measures, long term measures are also being worked on so the problem doesn't happen every year.

Senior Advocate Vikas Singh appearing for the petitioners submitted that the measures being taken are temporary measures and more permanent measures need to be put in place.

"For example shutting thermal plants results to generator sets being used. If construction of flyover is delayed more cars will be in that area. These are short term measures," Singh said.

The Bench however observed that the Commission is working in that direction.

On last occasion (10th December 2021) Supreme Court had granted liberty to the Commission for Air Quality Management in National Capital Regions to take a decision on lifting the ban on construction activities, and restrictions on industrial activities, within a week. The Bench had accordingly disposed of the intervention applications filed by builders forum, operators of sugar, rice and paper mills etc., taking note of the slight improvement in Delhi's air quality.

Following this order, the Commission for Air Quality Management through an affidavit informed the Supreme Court that it has allowed the 24x7 uninterrupted operation of industrial processes related to milk, dairy processing, manufacture of drugs, life-saving medicines and medical equipment in Delhi-National Capital Region. However, the decision regarding reopening of schools and lifting of construction ban have been deferred.

The Court had however retained an application related to the payment of minimum wages to workers during the period of construction ban and had directed the States of Rajasthan and Uttar Pradesh to file affidavits showing compliance with the order directing payment of minimum wages to labourers during the period of construction ban.

On 3rd December the Supreme Court had taken note of the decisions taken by the Commission for Air Quality Management in National Capital Region and directed the Central Government and the Delhi Government to implement the same in order to tackle the air pollution in the national capital.

The Commission had taken several decisions a day before the hearing following the strong critical remarks by the Supreme Court regarding the non-implementation of the directions issued to control air pollution.

A bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant was hearing the writ petition Aditya Dubey versus Union of India filed through Advocate Nikhil Jain, seeking emergency steps to control the worsening air quality situation in the national capital.

On November 24, taking note of the air quality crisis in the national capital, the Supreme Court had re-imposed the ban on construction activities in Delhi-NCR until further orders. The Commission for Air Quality Management in Delhi-NCR had earlier decided to lift the ban with effect from November 22, taking note of the slight improvement in the air quality.

The Court however permitted non-polluting works related to construction such as carpentry, electrical work, plumbing and interior decoration to continue. The Court also directed the States to 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.

Taking up the case in November second week when the air quality in Delhi-NCR had plummeted to severe grade, the Court had asked the Central Government and NCR steps to take emergency measures. The Bench had stated that the major causes of air pollution in Delhi are industries, power, vehicular traffic and construction, and not stubble burning as was sought to be projected.

Case Title: Aditya Dubey (Minor) & Anr vs Union of India & Ors