New Delhi: The Supreme Court bench, hearing petitions related to Delhi’s hazardous air quality, was taken aback when a senior lawyer pointed out that construction activities were ongoing within the court premises despite a ban.
The bench, comprising Justice AS Oka and Justice AG Masih, was questioning the Commission for Air Quality Management and the Delhi government over delays in enforcing measures outlined in the Graded Response Action Plan (GRAP) to combat the city’s worsening Air Quality Index (AQI).
During the proceedings, the bench reviewed the implementation of GRAP 4 restrictions, which are triggered when the AQI surpasses the critical threshold of 450.
“…Ban on construction and demolition activities—who is monitoring this? Is anyone visiting sites to check?” Justice AS Oka inquired during the hearing.
Senior Advocate Gopal Sankaranarayanan, representing one of the petitioners, promptly revealed, “Construction is happening outside Court 11, inside the Supreme Court, as we speak. Stones are being broken, and dust is filling the air.”
Shocked by this disclosure, Justice Oka responded, “What? Flash a message and request the Secretary General to appear in court immediately. Call him now.”
This incident unfolded as Delhi residents woke up struggling to breathe, with the Air Quality Index (AQI) soaring to around 500—nearly 10 times the healthy range of 0-50.
The Supreme Court criticized the authorities for delays in enforcing the Graded Response Action Plan (GRAP) to address the city’s dire air pollution. The bench flagged a “wrong approach” in managing restrictions. “The commission cannot wait for AQI to improve; it must act in anticipation,” the court emphasized.
The bench directed all states in the National Capital Region to enforce GRAP 4 restrictions and establish committees to ensure strict monitoring and compliance. It also ruled that GRAP 4 measures would remain in effect even if the AQI drops below 450.
“We clarify that until further orders, stage 4 restrictions will continue regardless of AQI levels. All state and central governments must file compliance affidavits by Thursday,” the court ordered.
