SC completely lifts ban on construction, demolition activities in Delhi-NCR

On Friday, the matter came up before a bench comprising Justices Arun Mishra and Deepak Gupta

The Supreme Court Friday completely lifted the ban on construction activities in the Delhi-National Capital Region (NCR). The apex court had on November 4 last year banned all construction and demolition activities in Delhi-NCR.

About a month later, on December 9, lifted the ban partially and allowed construction activities between 6 AM and 6 PM, after the Central Pollution Control Board had said that air quality index (AQI) level was not severe at that time.

On Friday, the matter came up before a bench comprising Justices Arun Mishra and Deepak Gupta.

Senior advocate Aparajita Singh, assisting the court as an amicus curiae in the pollution matter, told the bench that ban should be completely lifted as it has served its purpose.

The bench, which was hearing an application filed by the India Trade Promotion Organisation, lifted the ban which paved way for construction activity during the night time in Delhi-NCR.

Besides this, the bench issued notice to the Delhi government seeking its response on a separate application which said that despite the ban imposed by the apex court, garbage burning was still going on here.

Additional Solicitor General A N S Nadkarni, appearing for the Ministry of Environment, Forest and Climate Change, told the bench that Delhi government has given them plot for installation of smog towers at Connaught Place and Anand Vihar here and the work has also been allotted.

The bench asked the chief secretaries of Delhi, Haryana, Uttar Pradesh and Rajasthan to file affidavits regarding compliance of the directions given by the court in its orders passed earlier regarding measures including on curbing pollution, stubble and garbage burning.

The bench has posted the matter for hearing on February 28.

The top court had earlier asked all the states to explain as to why they should not be made liable to pay compensation to persons affected by bad air quality saying it is their bounden duty to provide basic civic amenities, clean air and drinking water to citizens.

It had also issued notices to all states seeking various details, including on air quality index (AQI), managing air quality and disposing of garbage.

The bench on Friday asked all the states to file their compliance affidavits in this regard before the next date of hearing.