The Supreme Court on Wednesday tightened restrictions on older vehicles in Delhi-NCR amid severe air pollution, modifying its earlier order to say that only BS-IV and above vehicles would be exempt from coercive action.
Notably, the top court, in its order on August 12, had earlier directed that no action be taken against 10-year-old diesel and 15-year-old petrol vehicles in the region.
On Wednesday, a bench headed by Chief Justice Surya Kant issued a slew of directions and asked the NHAI and the MCD to consider either temporary closing or relocating the nine toll plazas at borders of the national capital to ease usual massive traffic congestion.
The top court described the pollution crisis as an "annual feature" and called for pragmatic and practical solutions to tackle the menace.
It, however, refused to interfere with the Delhi government's decision to close schools for students from nursery to Class 5, holding that no further tinkering was required as the winter break was already approaching.
In an effort to ease vehicular congestion at Delhi's borders, the bench asked the National Highways Authority of India (NHAI) and the Municipal Corporation of Delhi (MCD) to consider shifting or temporarily closing nine toll plazas located at entry points to the capital.
The MCD was specifically directed to take a decision within one week on whether these toll plazas could be shut temporarily to facilitate smoother traffic flow and reduce vehicular emissions.
The bench underscored the need for effective implementation of existing measures rather than merely framing protocols that remain not complied with. "Let us think of pragmatic and practical solutions of the menace," the CJI remarked, noting that while preventive mechanisms exist, their enforcement has been consistently weak.
Taking note of the impact of pollution-related restrictions on livelihood, the bench directed the Delhi government to urgently verify construction workers rendered idle due to curbs and ensure that financial assistance is directly transferred to their bank accounts.
Additional Solicitor General Aishwarya Bhati, appearing for the Delhi government, informed the bench that around 7,000 workers have so far been verified out of nearly 2.5 lakh registered construction workers, and assured that money would be transferred to their accounts directly.
However, the bench cautioned against any leakages in the process, observing that "it should not be that money transferred to workers' accounts disappears or travels to another account."
It also asked the Delhi government to consider providing alternative work to construction workers who are unable to earn due to restrictions imposed to curb pollution.
Observing that air pollution has become a recurring phenomenon every winter, the bench directed the Commission for Air Quality Management (CAQM) to revisit and strengthen its long-term strategies.
It also asked CAQM and NCR governments to examine critical issues such as urban mobility, traffic management, and incentivising farmers to prevent stubble burning, stressing that piecemeal approaches would not resolve the crisis.
The bench has now listed the PIL filed by environmentalist MC Mehta for further direction on January 6 and reiterated that this plea has to be heard at least twice in a month around the year.
Meanwhile, the pollution crisis has also triggered a sharp political exchange between the BJP and the Aam Aadmi Party. Delhi Environment Minister Manjinder Singh Sirsa accused the AAP, which ruled the capital for over a decade, of abandoning the city and even alleged deliberate garbage burning at several locations to worsen pollution, claims the opposition party strongly rejected.
The AAP termed the allegations “false and fabricated”, counter-accusing the current government of manipulating AQI readings and challenging Sirsa to produce evidence or file an FIR. BJP leaders, including Labour Minister Kapil Mishra, blamed 10–13 years of neglect for Delhi’s pollution, citing garbage accumulation, poor road maintenance and stagnant green cover, while asserting that the present dispensation is now tackling the crisis hotspot by hotspot.
Meanwhile, AAP leaders led by Saurabh Bharadwaj staged a protest at Janpath against the persistent deterioration in air quality.
