Institute of Legal and Management Studies

The Supreme Court today asked the Commission for Air Quality Management to consider alternative solutions to the air pollution problem in Delhi-NCR, instead of imposing a blanket ban on construction work during the winter season, as it adversely affects the livelihood of daily wage workers.

The bench of CJI BR Gavai and Justice K Vinod Chandran directed the CAQM to hold deliberations with all the concerned stakeholders to explore the possible alternative to a blanket ban on construction during the winter season.

The Court reasoned that such a prohibitory order was counterproductive, as many workers were not getting compensation. The bench observed :

"Stopping the construction work also has other consequences; workers moving from different parts of the country are without any work during those periods.

As far as the compensation that is paid to the said workers, they have also written that various applications have been filed before this court, alleging that the compensation is not properly paid," the Court observed.

In the previous years, the CAQM had banned construction and demolition activities during the winter season as a part of its Graded Response Action Plan (GRAP) measures in Delhi NCR to combat air pollution.

In February, the bench of Justice Abhay Oka and Justice Ujjal Bhuyan directed that NCR states must pay compensation to construction workers affected by the closure of activities.

Today, the Court directed :

"We direct the CAQM to have a deliberation with all the States about concrete plans to prevent pollution rather than having the option of a prohibitory order. The same shall be done within a period of three weeks from today."

The bench also directed the states of Haryana, Punjab, Uttar Pradesh and Rajasthan to fill up their pending Pollution Control Board Vacancies within 3 months. Considering the onset of the winter season in the coming days, the bench also directed that for the next three months specifically, the vacancies can be filled by the state governments either on a deputational basis or a contractual basis.

The Court clarified that for the filling up of promotional posts, the entire process shall be completed within 6 months.

The bench recorded that, as per the affidavits filed by the Chief Secretary of Haryana, 173 posts which were vacant; now the vacancy has been brought down to 43 posts. In Punjab, there were over 600 posts, of which earlier there were 300 vacancies, which have now been brought down to 40. In UP, the total sanctioned number of posts is 732, out of which 566 have been filled and 166 posts remain vacant. In Rajasthan, there are 250 vacant posts out of 808.

ASG Aishwarya Bhati, appearing for the Union, also informed that under the Central PCB (CPCB), 147 posts are vacant out of 603 posts. In CAQM, the total posts are 56, out of which 38 are filled, 18 are vacant, and 11 contractual staff are deployed against these 18 vacancies.

Sr Adv Apprajita Singh assisted the Court as the amicus curiae.

The bench granted 3 months' time to the Union to fill the pending vacancies in the CPCB as well as CAQM. One month's time was granted for filling the post of Permanent Member and Member Secretary of the CAQM.

In May, the Court had issued contempt notices to the Chief Secretaries of Delhi, Uttar Pradesh, Haryana, and Rajasthan for breach of its order to fill all vacancies in their respective Pollution Control Boards (PCBs) and Pollution Control Committees by April 30, 2025.

Case Details : MC Mehta v. Union of India | WP (C) 13029/1985