[Re-work please - Shreya] [Delhi Air Pollution] Supreme Court directs Commission to consider applications for relaxation on conditions imposed for tackling pollution

Update: 2021-12-11 11:48 GMT

The Supreme Court on Friday has directed the "Commission for Air Quality Management in National Capital Region and Adjoining Areas" (the Commission) to consider intervention applications filed by parties seeking relaxation on the conditions put up for control of pollution in Delhi.

A bench of the Chief Justice of India NV Ramana, Justice DY Chandrachud, and Justice Surya Kant said, "We don't know what is important or not, the Commission is before us, they know what is going on."

A 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 bench has noted, "The Commission is to examine requests of various industries and organisations about relaxation of conditions imposed by virtue of our previous orders, or otherwise as per the Commission’s circulars."

Senior Advocate Vikas Singh appearing for the petitioner submitted that as the condition has now improved, the matter would require a hearing with regard to stubble burning, whereas, standards for Delhi need to be amended.

To which Solicitor General Tushar Mehta said, "I don't know whether Mr. Vikas Singh is telling this on behalf of Aditya Dubey the petitioner or the builders association."

However, CJI Ramana told Mehta that they will not hear all the IAs, "they'll give a copy to you please take a call."

Senior Advocate Kapil Sibal appeared for the Rice mills seeking relaxation in the conditions, whereas, Senior Advocate Abhishek Manu Singhvi appeared for NCT of Delhi seeking allowance of construction work at the Indira Gandhi Hospital.

However, the bench orally observed that we are not aware of the condition and what is important or not, "the commission is before us they know what is going on."

In addition to this Advocate Shyel Trehan appearing for the laborers submitted that payment of wages order is not yet complied by the State of Uttar Pradesh and Rajasthan.

The Court has directed the Commission to consider the application of the parties seeking relaxation with a week's time. The Court has further directed the states to comply with the order of paying the wages.

Case Title: Aditya Dubey Vs Union of India

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