Air Pollution Severe Health Risk: Supreme Court Directs NHAI And MCD To Relocate Or Temporarily Close Nine Toll Plazas

Taking a serious note of the severe air pollution levels in Delhi-NCR, the Supreme Court on Wednesday issued a slew of directions and asked the NHAI and the MCD to consider either temporary closing or relocating the nine toll plazas of the civic body 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 and modified its own interim order of August 12 and permitted the authorities to take coercive action against older vehicles that do not meet Bharat Stage-IV (BS-IV) emission standards.

It, however, refused to interfere with Delhi government's decision to stop physical classes for students of 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, a bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi 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.

"We have also asked the NHAI to consider the possibility of shifting the nine toll collection booths of the MCD in Delhi at such locations which can be manned by NHAI and the part of the toll collected by it can be diverted to the MCD to compensate for the perceived temporary loss," it said.

"Meanwhile the MCD is directed to cooperate on the issue and consider for nine toll plazas to be suspended for a temporary period, such a decision shall be taken within one week and be placed on record," the CJI said.

During the hearing, the bench was told that the toll collection points operated by the MCD, including one at the Gurugram border, were causing hours-long traffic snarls and long queues of vehicles.

"Why can't the officials say that till January there will be no toll plaza," the CJI asked, adding "tomorrow you will start putting toll plazas inside the Connaught Place because you need money?" The bench said the tolls may generate income, but they also create litigation.

It suggested the MCD make a "concrete plan" and say that there will be "absolutely no toll plaza till January 31 next year".

The bench rejected the submissions that there was no traffic congestion and said "These are true. Every day people are experiencing this." Refusing to consider pleas against Delhi government's order to suspend physical classes till the 5th standard from December 15, the bench said it was not inclined to intervene as the suspension of classes was only a temporary measure and that the winter break was commencing next week.

"We have heard the counsel regarding the direction sought for closure of schools and holding it online. We are informed that schools for children of Nursery to class 5 are closed temporarily, and the winter break will start soon. Hence, there is no need for this court to intervene," it said.

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 Chief Justice remarked.

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 M C 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.