[Delhi Pollution case] Supreme Court grants permission to Delhi government for construction of hospital modifying its order banning construction

A Supreme Court bench headed by Chief Justice of India NV Raman and also comprising Justices Chandrachud and Surya Kant today granted permission to the Delhi government to carry on with construction and upgradation of hospitals within the city limits. This order of the court modifies the previous order of the court dated 24th November to the extent of permitting construction of hospitals alone. The ban on construction was effectuated for controlling rising pollution levels in the capital.

When the hearing for the matter commenced, Tushar Mehta, Solicitor General of India submitted that 17 task forces have been constituted yesterday and these forces will consist of 2 independent members among others.

The bench questioned the SG if the task force will only be limited to Delhi, the SG answered to this by saying that the court that it will cover the entire NCR. The SG also submitted that the industries that the working hours of industries which are not running on PNG or cleaner fuels has been restricted to 8 hours a day and 5 days a week. The SG further submitted that the task force is bound to increase in numbers and any dereliction of duty on their part will entail disciplinary action.

Justice Chandrachud at this point questioned as to where there governments can switch to alternate power under the circumstance where the functioning of thermal plant is limited. The SG submitted that he will take instructions in this regard.

Dr. Abhishek Manu Singhvi, Senior Advocate, appearing for the Delhi Government submitted that the schools were shut from March 2020 to August 2021 and that they were opened for a very brief period of 15 days. The CJI at this point noted that certain media houses have been projecting the court as villains for asking the Delhi government to close schools

[CJI on Press projections] The CJI also asked the parties to read today’s news papers. Dr. Singhvi submitted that he is complaining about the same and that the aspect of schools have now been dealt with. He further pointed out that only one newspaper carried such a story. The CJI while taking a serious note of the fact that the news paper alleged that the court is taking over the administration, questioned the parties as to where they said so.

The CJI opined that they cannot take away the freedom of the press but they can’t speak to the press and clarify such things. Justice Chandrachud also recollected that one of the news papers carried a piece saying that one of his orders would lead to the High Courts taking a begging bowl to the government.

Dr. Singhvi further submitted that the press reporting in the court is very different from political reporting and that ignoring this will embolden them.  He then sought for the court’s permission to continue with construction of hospitals which is a constructive project. The SG also supported this contention of Dr.Singhvi.

Ranjeet Kumar, Senior Advocate, appearing for the State of UP submitted that this being the sugar cane crushing season closing industries will affect the production.

The court directed the State of UP to approach the commission to address their grievance.

17 year old college student Aditya Dubey had in 2020 filed a Public Interest Litigation (PIL) regarding alarming levels of air pollution in Delhi. The case was listed today in view of an application filed by the petitioners asking the Court to pass appropriate orders in light of excessive levels of air pollution in Delhi at present.

The matter will now be heard further on the 10th of December

Case title: Aditya Dubey Vs Union of India