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SC Declines Blanket Construction Ban in Delhi-NCR, Stresses Lasting Solutions Over Temporary Curbs for the Capital’s Air Pollution Crisis

SC Declines Blanket Construction Ban in Delhi-NCR, Stresses Lasting Solutions Over Temporary Curbs for the Capital’s Air Pollution Crisis

MC Mehta vs Union of India, WP 13029/1985 [Proceedings dated 17 November 2025]

Delhi NCR Pollution

The Supreme Court on Monday heard the matter regarding severe air pollution levels in Delhi amid rising calls to action and urgency of the matter. The court observed a significant deterioration in the Air Quality Index (AQI), with certain locations exceeding the 450 mark, indicating hazardous pollution levels.

During the proceedings, submissions were made highlighting the insufficiency of the existing Graded Response Action Plan (GRAP) Stage III restrictions. Several lawyers contended that the situation warranted an immediate escalation to the more stringent GRAP Stage IV measures to effectively address the worsening air quality.

The Bench comprising Chief Justice BR Gavai, Justice K Vinod Chandran, and Justice NV Anjaria refused to impose a complete ban on construction activities in Delhi and the National Capital Region, despite persistent “very poor” air quality index (AQI) levels. The bench observed that lakhs of families depend on construction for their livelihood, and abrupt shutdowns could lead to widespread economic hardship.

In response to submissions claiming that water sprinkling took place around pollution monitoring stations to manipulate the AQI readings in Delhi, the Court directed the Centre, Central Pollution Control Board (CPCB), and Commission for Air Quality Management (CAQM) to disclose by the specific types and effectiveness of all AQI monitoring devices in use, by 19 November.

The Court also heard arguments regarding the impact of stubble-burning on the pollution levels, and directed the governments of Punjab and Haryana to submit detailed reports on the specific measures being taken to curb the rampant practice of stubble burning.

The Court took the view that long-term, scientifically informed solutions are vital to permanently address the region’s pollution emergency. It observed that the Centre must take into account all stakeholders into account in addressing the issue.