Supreme Court Declines Blanket Ban on Construction, Vehicles in Delhi-NCR, Says City Cannot Be Brought to a Standstill
New Delhi, Nov 18: The Supreme Court on Monday refused to order sweeping restrictions such as an all-year construction ban or curbs on vehicle movement in Delhi-NCR, stressing that the Capital “cannot be brought to a standstill” in the name of pollution control.
The remarks came as Delhi’s air quality worsened again, with the Air Quality Index (AQI) touching 359 (very poor) and forecasted to slip into the ‘severe’ category between November 17 and 19.
Court: “Solution Cannot Be Worse than the Problem”
A bench led by Chief Justice of India DY Chandrachud with Justices K Vinod Chandran and NV Anjaria said that judicial intervention could not “paralyse economic activity” or deprive daily-wage migrant workers of employment.
“We cannot bring everything to a standstill… There cannot be a complete stoppage of all activities,” said the CJI, responding to submissions from senior advocate Gopal Sankaranarayanan, who called Delhi “a gas chamber” and urged drastic action.
The bench added that any solution must be proportionate, scientific, and constitutionally feasible.
GRAP Already in Action, Court Says No to “Knee-Jerk” Measures
Restrictions under the Graded Response Action Plan (GRAP) are currently at Stage III, triggering a ban on non-essential construction, curbs on industrial emissions, and enhanced enforcement.
The court said GRAP measures were based on expert modelling and scientific assessment, adding:
“We do not possess expertise in this field. Restriction on activities in Delhi in a graded manner is based on AQI levels and scientific evidence.”
The bench refused a plea to suspend all activities allowed even under GRAP-I throughout the year, calling it unworkable and beyond the scope of existing law.
Centre Opposes Year-Round Ban, Warns of Impact on Poor
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, opposed an indefinite construction ban:
“This is not an issue that requires a knee-jerk reaction… The biggest sufferers will be migrant labourers.”
She said the government has noted a decline in “severe” pollution days this year and will propose additional long-term actions.
Stubble Burning Still a Problem
Amicus Curiae Aparajita Singh pointed to a disconnect between Punjab’s declining fire count and stagnant NCR pollution numbers, suggesting farm fires and improper machinery use remain a key contributor.
The Court directed chief secretaries of Punjab and Haryana to ensure compliance with the CAQM’s November 13 order against stubble burning.
Air Quality Monitoring Under Question
The reliability of Delhi’s AQI monitors also came under scrutiny, with the amicus calling many devices outdated. The Centre disagreed, claiming the systems are “among the best worldwide.” The Supreme Court has sought an affidavit explaining the monitoring standards.
Delhi’s Air Quality: The Numbers
- November 1–15 average AQI: 349
- Severe days so far this month: 3
Final Thoughts from TheTrendingPeople.com
The Supreme Court’s message is clear: Delhi’s pollution crisis demands robust solutions — but not at the expense of livelihoods. While GRAP and policy frameworks provide a roadmap, the urgent need is long-term cooperation between states, scientific strategy, and political will. The battle for clean air remains a marathon — not a judicial sprint.