New Delhi: The Supreme Court bench, while hearing petitions concerning Delhi’s worsening air quality on Monday, was left stunned when a senior lawyer highlighted ongoing construction activities within the court premises despite a ban under the Graded Response Action Plan (GRAP). The bench, comprising Justice AS Oka and Justice AG Masih, had been pressing the Commission for Air Quality Management and the Delhi government over delays in enforcing restrictions aimed at mitigating the capital’s hazardous air pollution levels.
During discussions on the implementation of GRAP stage 4—triggered when the Air Quality Index (AQI) exceeds 450—Justice Oka inquired, “…ban on construction and demolition activities… who is monitoring this? Is somebody going to the site and checking?”
Senior advocate Gopal Sankaranarayanan, representing one of the petitioners, shocked the bench by saying, “Construction is going on outside court 11 inside Supreme Court right now. Stones are being broken, construction is on and dust is up in the air.”
Justice Oka, visibly taken aback, reacted, “What? Flash a message requesting secretary general to come to court. Just call him.”
Delhi’s toxic air crisis
The capital continues to grapple with a severe air pollution crisis. At 8am on Tuesday, AQI levels in Anand Vihar and Bawana were recorded at an alarming 500 as a toxic blend of smog and fog choked the city for the seventh consecutive day.
The Supreme Court on Monday had urgently directed all states within the National Capital Region (NCR) to establish teams for implementing GRAP 4 restrictions. The court also clarified that these restrictions must remain in effect even if the AQI dips below 450.
Tougher restrictions urged
The court expressed dissatisfaction over the authorities’ delay in implementing the measures. Criticising the approach, the bench stated, “The commission cannot wait for improvement in AQI. It should take steps in anticipation.”
The bench ordered all NCR states to set up committees for monitoring and ensuring strict compliance with GRAP 4 measures. It further instructed that “till further orders of this court, implementation of stage 4 shall continue even if AQI falls below 450.”
All state and central governments have been directed to file compliance affidavits by Thursday, as the city continues to struggle with air quality levels nearly ten times the healthy AQI range of 0–50.
