Delhi NCR Air Pollution | Supreme Court Rules Out Year-Long Construction Ban To Improve Air Quality

The Supreme Court, while hearing the Delhi–NCR air pollution matter today, said it was not inclined to impose extreme measures such as a year-round construction ban to improve the Air Quality Index. The Court observed that such an order would have far-reaching consequences and jeopardise the livelihoods of millions.During the hearing, Senior Advocate Gopal Sankaranarayanan, appearing for some advocates who have intervened in the MC Mehta case, said that the situation was akin to an "emergency", as the air quality has deteriorated to alarming levels, causing irreversible damage to the health of the people, particularly children. Sankaranarayanan called for critical measures, such as a complete ban on construction and private cars. "We all have to make sacrifices," he urged, citing reports that three in ten deaths in the NCR are caused by air pollution and lung cancer cases are exponentially increasing.However, the bench comprising Chief Justice of India BR Gavai, Justices K Vinod Chandran and NV Anjaria ruled out imposing a complete ban on constructions.The CJI asked Additional Solicitor General Aishwarya Bhatti, appearing for the Union, to ask the Ministry of Environment & Forest (MoEF) and the Chief Secretary of Delhi to ponder on long-term solutions. "You can give us some suggestions, but the suggestions cannot be two days, 1 week, 3 weeks, etc. As Mr Sankarnarayanan points out, we must have a long bridge solution so that, at least gradually, every year this problem gets diminished." The CJI added : "We may not accept the submission that all activities in Delhi will have to be stopped. Then otherwise the Courts will also have to stop." At this juncture, Sankarnarayanan further added that the solution is to have the courts online for now. The ASG , interjected, pointing out that a complete stop on construction activities would affect all those daily wagers coming from UP, Bihar and neighbouring states. CJI agreed, "That's why I said, it has wider ramifications, you cannot have it from one side." Sankarnarayanan interjected: " It's not just one side, everybody is getting affected by this." The CJI then expressed that it will lead to a complete standstill if drastic measures are taken. Sankarnarayanan answered that "sacrifices will have to be made by everybody" and stressed the need for carpooling and applying tax on the use of cars in the present scenario. Damage Done To Our lungs Irreversible; 'Whip Cracking' Approach Required From The Bench: Sr Adv Gopal Sankaranarayanan Presses For Strict Measures Gopal Sankarnarayanan, appearing for intervenors, stressed that in India the threshold to declare 'Severe Plus' AQI is 450+, while, as per the WHO standard, it should be 50+ He stressed, "The minute it crosses 100 AQI is where GRAP should be triggered. 200+ means it's severe. It's absolutely dangerous." Referring to the data that he has submitted on record, he stressed that the damage caused due to the present air pollution is irreversible. "It's irreversible. A pm 2.5 goes into my child's lungs- it will never leave! And it has gone into all our lungs. You can use your air purifiers as much as you want, but it is not going to help. And this requires very harsh, tough steps." He added that it was essential that GRAP measures be triggered at a lower threshold of AQI than the present ones. "This requires whip cracking by my lords. Unless my lords crack the whip, it's not going to happen." Previously, the Court directed the State of Punjab and Haryana to file a status report on the measures taken to curb stubble burning, contributing to the air pollution crisis in Delhi-NCR.On November 3, the Court was informed that various news reports have emerged flagging the non-functioning of air monitoring stations across the National Capital. Considering the same, the bench sought reports from CAQM and CPCB on the measures taken to curb the worsening of the situation.On October 14, the Court temporarily relaxed the absolute ban on the use of firecrackers in the National Capital Region, and allowed the use of green firecrackers for the Diwali festival, subject to certain restrictions.Case Title – MC Mehta v. Union of India WP (C) 13029/1985

Delhi NCR Air Pollution | Supreme Court Rules Out Year-Long Construction Ban To Improve Air Quality

Anmol Kaur Bawa

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