Order of the Supreme Court of India in the matter of Aditya Dubey & Others Vs Union of India & Others dated 24/11/2021.

The matter related to air pollution in Delhi NCR. Solicitor General, Tushar Mehta informed the court that a plan for graded response has been prepared in pursuance of which measures are identified to be taken progressively on the basis of worsening levels of ambient air pollution. The graded response plan which has been formulated envisages that action is to be taken after a deterioration in the air quality is actually recorded. The SC, as an interim measure and until further orders, re-imposed the ban on construction activities in the NCR subject to the following two conditions:

(i) Non-polluting activities relating to construction such as the plumbing work, interior decoration, electrical work and carpentry are allowed to be continued

(ii) The States shall use the funds which have been collected as labour cess for the welfare of construction workers to provide them subsistence for the period during which construction activities are prohibited and pay wages notified under the Minimum Wages Act for the respective categories of workers.