The Supreme Court on Wednesday asked the Commission for Air Quality Management to consider alternative options instead of imposing a blanket ban on construction work during the winter season in Delhi and the adjoining National Capital Region to tackle air pollution, Live Law reported.

A bench of Chief Justice BR Gavai and Justice K Vinod Chandran said that such a ban adversely affected the livelihood of daily wage workers.

“Workers moving from different parts of the country are without any work during those periods,” Live Law quoted the court as saying.

It added: “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 bench directed the air quality panel to hold deliberations with the states about concrete plans to prevent pollution rather than imposing prohibitory orders. “The same shall be done within a period of three weeks from today,” it added.

The court made the remarks while hearing a suo motu case on vacancies in state pollution control boards and committees.

During the winter over the past few years, the Commission for Air Quality Management has banned construction activities as part of its Graded Response Action Plan to curb air pollution in Delhi and the NCR region.

In February, the court had directed Delhi and the states in the National Capital Region to compensate workers affected by the construction bans imposed under GRAP.

During the hearing on Wednesday, the bench directed Haryana, Punjab, Uttar Pradesh and Rajasthan to fill up vacancies in their pollution control boards within three months, Live Law reported.

Taking into account that winter will begin soon, the bench said that the vacancies could be filled by the state governments either on a deputational or a contractual basis for the next three months specifically.

The court added that the process for filling up promotional posts should be completed within six months.

The matter has been listed for further hearing on October 8, PTI reported.

In May, the court issued contempt notices to the chief secretaries of Delhi, Uttar Pradesh, Haryana and Rajasthan for breaching its order to fill vacancies in their pollution control boards and pollution control committees by April 30, Live Law reported.

Stubble burning

The court on Wednesday also suggested that strict punishment, including arrests, may have to be imposed to deter farmers from stubble burning, Bar and Bench reported.

Farmers are important for the country, Gavai said. However, this does not justify allowing stubble burning to continue unchecked, he added.

“Why don’t you think of some penalty provisions? If some people are behind bars, it will send the correct message,” Bar and Bench quoted the chief justice as telling the counsel for the Punjab government. “Why don’t you think of some penalty provisions for the agriculturists?”

Many farmers resort to the mass burning of unwanted crop debris (known as stubble) to clear their fields after the harvest to prepare for the next sowing season. The burning of stubble in the vast fields in these states, along with the falling temperatures and decreased wind speeds, contributes to air pollution in North India.

In October, the court had summoned the chief secretaries of Punjab and Haryana after expressing disapproval about the lack of proper legal action against stubble burning.

It said that the provisions to curb air pollution, including imposing penalties on violators, under the 2021 Commission for Air Quality Management in NCR and Adjoining Areas Act had been made “toothless” by the Union government.

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