Builders' body moves SC against construction ban in Delhi & NCR

New Delhi: A builders' body has moved the Supreme Court seeking to vacate its order by which it had re-imposed the ban on construction activities in Delhi and the National Capital Region (NCR).

The plea filed by the Developers and Builders Forum, a body of more than 60 builders, contended that they use the latest construction technology so as to reduce dust pollution and adhere to the laid-down norms. "It is most respectfully submitted that the above direction imposing a blanket ban ought to be re-visited by this court in view of the relevant data and statistics.

"That the direction is issued without taking the views of all stakeholders and without differentiating between construction activities of various nature.

"It is submitted that the present blanket ban on all construction activities takes within its sweep even small constructions of residential and other units, which can in no manner be said to be causing large-scale pollution," the plea said.

The plea is likely to be mentioned on Monday. The top court directed the Centre and the states in the NCR on Friday to implement the orders of the Commission for Air Quality Management in the NCR and



Adjoining Areas to curb pollution and sought a proposal to ensure that all industrial units switch over to PNG or cleaner fuel in a time-bound manner or face closure, while ruing that some news reports tried to portray it as a "villain" that wants to close down the schools here.

Observing that instruments like PILs would not have been needed if the governments did everything on their own, a special bench headed by Chief Justice N V Ramana said it was not adversarial litigation and it will not close the case and will keep monitoring the measures to be taken up by the states to curb pollution.

The builders' body has challenged the November 24 order by which the apex court re-imposed the ban on construction activities in Delhi-NCR and directed the states to provide subsistence to workers from the funds collected as labour cess for the period during which such activities are prohibited.

The bench also directed the Commission for Air Quality Management in the NCR and Adjoining Areas to "commission a scientific study of air quality based on available data of previous years bearing upon recorded levels of air pollution".