In wake of the continuing poor air quality in Delhi, the Supreme Court on Wednesday directed the Municipal Corporation of Delhi (MCD) to consider temporary suspension of toll collection at nine toll plazas in the national capital's entry points..The bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi passed the order after it was informed that vehicles were being stuck for hours on the borders which was contributing to air pollution."MCD is directed to cooperate on the issue and to consider suspending operations at these nine toll plazas for a temporary period. A decision in this regard shall be taken within one week and placed on record," the Court ordered.The Court also asked the National Highways Authority of India (NHAI) to examine the possibility of shifting the nine toll collection booths operated by the MCD in Delhi to locations that can be manned by the NHAI."A portion of the toll collected at such sites can then be diverted to the MCD to compensate for the perceived loss arising from the temporary suspension," it suggested.The directions were passed on an application moved by the NHAI alleging congestion at the borders due to the toll collection by MCD. It was stated that such traffic jams were adding to the air pollution in Delhi.During the consideration of the plea, CJI Kant remarked that people avoid attending marriage functions due to traffic snarls. .The Court today also called for a long term plan to improve air quality in Delhi. The air pollution has become annual feature and a long term plan needs to be evolved and given effect, it said.Accordingly, the Court directed the Commission for Air Quality Management (CAQM) to revisit its plan in respect of- urban mobility;- cleaner industry and energy;- stubble burning and modes and manner of incentivizing the farmers to stop stubble burning and use of residue for other purposes;- regulation of construction activities and provision of alternative employment when construction works are halted- solution to pollution generated from household activity and preventive measures.- increase of green cover in Delhi.The Court also called for citizen awareness programs for voluntary giving up of activities which contribute directly or indirectly to air pollution..According to a statement released by CQAM on Monday, the air quality in Delhi remained very poor for the past 24 hours. On December 13, the air quality was categorized as "severe".At present, Stage-IV of the Graded Response Action Plan (GRAP) is in force in the national capital region (NCR). The Supreme Court had earlier allowed burning of green crackers during Diwali in the national capital and its surrounding districts. However, with the rising pollution levels, medical experts soon started advising people to leave Delhi for a few weeks.During a hearing of the matter last month the Court had remarked that it does not have a magic wand to solve the air pollution crisis but would have to rely on experts for proper solutions. Earlier this month, the Court observed that it was easy to blame the farmers, while questioning whether stubble burning was sole reason for Delhi's pollution.Today, various issues such as temporary closure of physical classes for students of Nursery to Class V, payment of compensation to construction of workers and traffic snarls due to toll plazas came up for consideration during the hearing..Closure of primary schools.During today's hearing, Senior Advocate Menaka Guruswamy appeared for certain applicants challenging the notification to physically close down primary schools"When you are shutting down primary schools, you are shutting down the mid day meals. I am here for the poor parents. The parents are still parking our cars and working on the streets. Is the air better in their home from the class room. SC had earlier said that hybrid option should be given to the parents. This arrangement is fine for wealthy parents," Guruswamy said.However, CJI Kant said it was an extreme example. "Suppose you allow hybrid system and parents, who both work, they will send child to school; then what?" it asked.When Guruswamy said that the schools should be opened, the Court said the judges cannot become super specialists. "You want us to opine that going and coming back from school is not at all problematic," CJI Kant added.Guruswamy said that it amounted to stopping poor children from going to school when they are not contributing to pollution. However, CJI objected to the objection,"Let us not divide the society like this. If something happens to a small baby child, god forbid... Medical etc issues also arise," Justice Kant remarked.Additional Solicitor General (ASG) Aishwarya Bhati said the decision to completely close down schools was taken because there was severe situation from Sunday. "Children lives were at stake," Bhati said.The Court declined to intervene on the aspect of closure, considering that the winter break starts next week. Senior Advocate Siddharth Luthra, also appearing for certain applicants related to schoolchildren, said,"No one dares to step out before 12 pm now and these students have to leave early morning," Luthra said, while seeking hybrid classes for the children..Construction workers.Senior Advocate Shyel Trehan argued for providing compensation to the construction workers, affected by the GRAP measures currently in place to improve the air quality. The Court then asked about the number of construction workers in Delhi.Bhati submitted that there are 2.5 Lakh workers and verification so far has been done for 35,000 workers."7,500 have been found to be eligible," Bhati added.CJI Kant remarked that it should be ensured that the payment is actually received by the beneficiary worker. It also asked for a plan to provide them alternative work."Let this not be made for exploiting them. It should not be like you are depositing a said amount and withdrawing it the next minute. The actual benefit must percolate to the marginalised. Suppose in 2026, construction work has to be stopped for a few months, why does the state not plan an alternative work option for them," the Court said.The Court called for a report on payment of compensation to the workers and listed the matter for further hearing on January 6..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
