Taking note of the improvement in air quality in the Delhi-NCR region, the Supreme Court on Friday paved the way for lifting curbs on construction activities. The court directed the commission on air quality management to take a decision on various representations seeking easing of curbs, like ban on construction activities, within a week.
A special bench comprising Chief Justice NV Ramana and Justices DY Chandrachud and Surya Kant asked Uttar Pradesh and Rajasthan to comply with its earlier order to pay minimum wages to construction workers from the cess, collected by them from real estate firms, as their work was hit due to the ban. The SC’s order was for the States under the NCR region.
The Rajasthan and Uttar Pradesh Governments will have to file compliance affidavits on the issue related to payment of money to construction workers, it said. “We direct the commission to examine requests of various industries and organisations about relaxation of conditions imposed by virtue of our orders or otherwise as per their circulars. We expect the commission will look into this in a week’s time,” the bench said.
The bench decided to dispose of several intervention pleas, including those filed by builders’ body, sugar, rice and paper mills, against certain curbs imposed by the commission and others, including the top court, and asked the panel to decide these issues. The bench, at the outset, said that now there is “slight improvement in the quality of air” and the commission may be allowed to decide the issues pertaining to curbs.
Senior advocate Vikas Singh said that now things have got better since the crucial period is over and sought vacation of an earlier order by which the ban on construction activities was re-imposed. “We will not entertain these intervention applications. All these applications will be considered by the commission (air quality) and in consultation with the States, the grant of relaxations will be considered,” the bench said.
Solicitor General Tushar Mehta, appearing for the Centre and the commission, said that several long-term measures are in contemplation to deal with the issue of air pollution. Senior advocate A M Singhvi, appearing for the Delhi Government, said the apex court had allowed construction activities in seven hospitals and urged the bench to permit construction activities in other hospitals as well.
“We cannot get into all the individual cases... I am sorry to say that if all States and the Centre took steps regarding controlling pollution then we would not have entertained this,” the CJI said and asked the Delhi Government to approach the commission.