The Supreme Court on Monday partially lifted its ban on construction activities in the Delhi-NCR region, allowing work to continue between 6 AM and 6 PM, after the Central Pollution Control Board said that air quality index (AQI) level is not severe.

The Apex court, which had on November 4 stopped construction and demolition in Delhi-national capital region (NCR), lifted the ban partially following an affidavit filed by CPCB.

The CPCB said the ban could be partially lifted by allowing these activities during the day time subject to criteria stipulated in Graded Response Action Plan (GRAP) which mandates strict enforcement of rules for dust control at construction activities and closure of non-compliant sites during moderate to poor AQI category days.

“Presently, the situation not being severe, CPCB is of considered opinion that partial ban could be in place for construction activities in as much as no construction should be permitted during night time (6 PM to 6 AM),” said the affidavit, which was perused by a bench of Justices Arun Mishra and Deepak Gupta.

Additional Solicitor General (ASG) ANS Nadkarni told the bench that in pursuance of the court’s November 25 order, the Centre had constituted a high-level committee to examine the feasibility of using technology like smog towers to combat air pollution. Nadkarni said the committee has already held a meeting and is scheduled to meet next on December 11.

“What about the use of technology? When will it be implemented?,” the bench asked.

The ASG said that after holding meeting, the committee would give its report to the Ministry of Environment, Forest and Climate Change (MoEF&CC).

The ASG said he would file it by December 13. The bench said that secretaries for environment of Delhi, Uttar Pradesh, Haryana and Punjab should also be associated with the high-level committee so that they could sit together and come out with feasible solution on the issue.

Stubble burning

On stubble burning, the bench asked the governments of Uttar Pradesh, Punjab and Haryana to furnish before it the updated report up to December 11. The court said it would hear the pollution matter on December 16.

Regarding de-congestion at metro stations in Delhi, senior advocate Aparajita Singh, amicus curiae in the pollution matter, said though Delhi Metro Rail Corporation (DMRC) has said that it would decongest the stations, it has not yet submitted a plan.

The bench asked the DMRC to place before the court the plan on how it proposes to de-congest traffic at metro stations.

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