[Delhi Air Pollution] Supreme Court reimposes construction ban in NCR; orders comprehensive scientific study

The Supreme Court, on Wednesday, reimposed the construction ban in the national capital region (NCR) in view of worsening air quality in the NCR (Aditya Dubey v. Union of India)..The Court, however, said that non-polluting activities relating to construction such as the plumbing work, interior decoration, electrical work and carpentry can go on..The Bench of Chief Justice of India NV Ramana, and Justices DY Chandrachud and Surya Kant also said that States should 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.The Court had imposed ban on construction even during the last two winters when pollution levels had spiked before withdrawing it as air quality improved.Pertinently, the Court said 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 by authorities..The order was passed on a plea filed by a 17-year-old Delhi student relating to air pollution in Delhi and its adjoining areas.During the previous hearings, the Court had been critical of the governments and the bureaucracy for lack of concrete action taken to tackle the issue..During the hearing on Wednesday, the Court stated that ad-hoc measures will not be sufficient to curb the air pollution in Delhi and called for a thorough statistical and scientific study and a graded response to combat the problem.The Court also observed that currently, mitigating measures are taken only when the weather becomes severe, leading to a spike in pollution levels."We take measures (only) when the weather becomes severe. These measures have to be taken in anticipation. This anticipation has to be based on a statistical model," the Bench remarked..The Court, therefore, stated in its order that it is necessary for the Commission for Air Quality Management in National Capital Region and Adjoining Areas to engage expert agencies with domain knowledge in meteorological data and statistical modelling. The Commission must conduct a scientific study of air quality based on available data of previous years bearing upon recorded levels of air pollution, the order 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," the Court directed..The Bench opined that based on these steps, measures can be planned at least a week in advance and even earlier, based on anticipated levels of air pollution in the foreseeable future. The Commission should carry out the above exercise within a month and report the steps taken for compliance with this direction, the Court ordered.The case will be heard again on November 29..[Read Order]