The Supreme Court on Wednesday reimposed the construction ban in the national capital region (NCR) in view of worsening air quality in NCR but said non-polluting activities related to construction such as plumbing, interior decoration, electrical work and carpentry can continue.
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 ban on construction activities in NCR was lifted on November 22 in view of the improved air quality. In its order uploaded late of Wednesday night, the top court, however, decided to reinforce the prohibition till further orders.
“There has to be a statistical model for Delhi. This is the national capital. Imagine the kind of signals we are sending to the world. You have to have a system in anticipation of how the weather is going to be. Ad hoc measures will not be good enough,” said the bench.
“You have to have a scientific model based on seasons and wind directions which can reasonably be predicted by the metrological department. You have super computers now. You prepare a statistical model based on these inputs which will indicate the expected levels of pollution. Then you can take measures on the basis of this model. Why do Delhiites have to suffer severe or very poor level of pollution at all?” the bench, which also included justices Dhananjaya Y Chandrachud and Surya Kant observed.
The bench then directed the Commission for Air Quality Management (CAQM) in Delhi-NCR and Adjoining Areas, which works under the Centre, to engage expert agencies with domain knowledge in meteorological data and statistical modelling and carry out a scientific study of air quality within a month, following which it would submit a report in the court.
The directions came as solicitor general Tushar Mehta, appearing for the central government, took the bench through various steps taken by the CAQM in Delhi-NCR and Adjoining Areas in the last one week to control the rising levels of pollution. He narrated measures including closure of thermal power plants, ban on old vehicles and use of road cleaning machines and sprinklers. The SG, however, conceded that the improvement in the pollution level could be chiefly attributed to a change in wind direction since November 21.
“So, we are saved because of the wind… we are dependent on an act of God. But we cannot go only by wind directions or Met department or act of God. Tell us what major steps you have taken,” the bench asked Mehta, who said that the prediction is that pollution levels will go downward over the next few days and that the situation will be reviewed by the Commission after three days.
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