Supreme Court Challenges Delhi’s Construction Ban, Lawyer’s Reply Shocks Judge; Here’s Why

The Supreme Court, while examining petitions concerning Delhi’s hazardous air quality, was taken aback when a senior lawyer pointed out that construction was in full swing within the court premises in seeming violation of the ban on construction activity put on all over the city.

The discovery was made during a hearing wherein the bench scrutinized delays in enforcing pollution control measures under the Graded Response Action Plan (GRAP).

A bench of Justice AS Oka and Justice AG Masih flagged the decision making GRAP 4 come into force once the AQI for Delhi crosses 450. “Who is monitoring this? Are inspections being made at construction sites?” asked Justice Oka.

The judge was shocked when a senior advocate revealed that, “Construction is on right now near Court 11 inside the Supreme Court campus itself. Stones are being broken, dust is rising into the air.”

The startling revelation prompted Justice Oka to call for immediate action, directing court officials to summon the secretary general for clarifying the same.

Delhi’s Air Quality Hits Crisis Levels

As Delhi’s AQI hovered near 500—ten times the acceptable limit of 0-50—residents woke up to hazardous air conditions. The court emphasized the urgency of addressing the crisis and criticized the authorities for adopting what it called a “reactive” rather than “anticipatory” approach to implementing pollution curbs.

“The commission cannot wait for AQI improvement to act; steps must be taken proactively,” the bench observed. The bench directed all states of NCR to enforce measures such as a stop on construction and demolition under GRAP 4.

GRAP 4 In Place Till Further Orders

It clarified that even if AQI comes down below 450 even for a short period, the stage 4 restrictions under GRAP 4 will continue. “Till further orders, stage 4 measures will continue. Compliance affidavits from all the state and central governments are to be submitted by Thursday,” ordered the bench.

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