Air Pollution: SC Declines To Impose Blanket Ban On Constructions In Delhi, NCR Region

New Delhi: The Supreme Court on Monday said it is necessary to balance the environmental concerns with development, while declining a blanket ban on construction in Delhi and the National Capital Region.

A bench led by Chief Justice of India BR Gavai was hearing a matter related with air pollution in the national capital. “We are no experts,” said the CJI, while emphasizing that environmental protection must be balanced with development. The CJI said the court is not keen to issue bold directions against the backdrop of worsening air quality in Delhi.

The apex court said, in the current scenario, temporary solutions would not work instead the Centre should formulate long term solutions to address the menace of air pollution. The court made it clear that it cannot run Delhi's pollution management every year and the Centre must address the issue, as the primary responsibility lies with it.

The bench said a blanket ban would trigger socio-economic consequences: lakhs of families depend on construction and allied activity for livelihood.

The Centre’s counsel, addressing a query on a complete construction ban, said the issue is determining how much pollution can be curbed without affecting human rights.

Senior advocate Gopal Sankaranarayanan, representing a party in the matter, requested the bench to adopt stricter air quality benchmarks, similar to California. The bench’s attention was drawn on a comparative AQI chart showing that air considered “good” or “satisfactory” in India would fall into “poor” categories under California norms.

Additional solicitor general (ASG) Aishwarya Bhati, representing the Centre, contended that pollution standards followed in developed countries cannot be imposed on developing economies like India. Bhati said countries like the US have already completed industrialisation.

The bench said it is not an expert and not keen to issue directions to adopt California-style stringent standards,

The bench was informed that on November 11, the Union environment minister had met with the environment ministers of Delhi-NCR and another meeting is likely soon in connection with immediate measures.

It was argued before the bench that water sprinkling took place around pollution monitoring stations to skew the air quality index (AQI) readings in Delhi.

Amicus curiae contended that many monitors max out at an AQI of 999, and as a result they are incapable of recording deterioration of air quality beyond the maximum limit.

The bench directed the Centre to bring on record the type of devices used, their efficiency, and whether they meet global standards by November 19.

"Let GNCTD file an affidavit explaining the nature of equipment being used and their efficiency to gauge AQI monitors. ….”, said the bench.

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