The Supreme Court dealing with the Delhi NCR air pollution crisis declined to impose extreme restrictions such as a blanket ban on construction activities, observing that such directions would severely impact livelihoods while offering only temporary relief. The Court emphasised the need for sustainable, long-term policy solutions instead of short-duration stopgap measures.
During the hearing, Senior Advocate Gopal Sankaranarayanan, appearing for certain intervenors in the long-pending MC Mehta pollution matter, described the prevailing air quality situation as nothing short of an “emergency”. He argued that the AQI levels had reached stages causing irreversible harm, especially to children, and urged the bench to consider stringent curbs, including a complete halt on construction activities and personal vehicle use. He cited alarming data showing a steep rise in pollution-related deaths and lung diseases and submitted that “sacrifices must be made” to prevent further deterioration.
The Bench comprising Chief Justice of India BR Gavai and Justice K. Vinod Chandran and Justice N.V. Anjaria, however, made it clear that it would not endorse a year-round construction ban or other drastic measures. The CJI noted that such orders would have “far-reaching consequences” for lakhs of daily-wage workers from Delhi and neighbouring States who depend on construction for subsistence.
The Court asked the Union Government to work with the Ministry of Environment, Forest and Climate Change (MoEFCC) and the Delhi Chief Secretary to propose actionable, long-term strategies aimed at gradually reducing pollution levels each year. “Suggestions cannot be for two days or two weeks; we require a long-bridge solution,” the CJI said.
When Senior Advocate Sankaranarayanan suggested that courts temporarily switch to virtual hearings, the Additional Solicitor General cautioned that shutting all construction sites would create an economic deadlock. The CJI agreed, noting that unilateral bans would “bring the entire system to a halt.”
Reiterating his submissions, Sankaranarayanan highlighted that India categorises AQI 450+ as “Severe Plus”, whereas global norms consider even 50+ harmful. He urged the Court to direct that the Graded Response Action Plan (GRAP) be activated at much lower AQI levels. Calling the lung damage caused by PM 2.5 “permanent and irreversible”, he pressed for decisive judicial intervention. “Unless the Court cracks the whip, the situation will not improve,” he remarked.
The hearing followed previous directions wherein the Court had sought updated reports from Punjab and Haryana on measures related to stubble burning. The Court had also recently taken note of reports pointing to non-functioning air-quality monitoring stations in the Capital and sought responses from both CAQM and CPCB. Earlier in October, the Court had relaxed the absolute ban on firecrackers for Diwali, permitting only green firecrackers under regulated conditions.
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