SC denies urgent hearing of builders’ plea for resumption of construction activities in NCR, Real Estate News, ET RealEstate


NEW DELHI: The Supreme Court on Monday refused to grant an emergency hearing to a plea by a builders’ organization seeking a recess from the November 24 ordinance banning construction activities in Delhi and the region. National Capital Region (NCR) has been re-imposed to contain the peak in air pollution.

Noting the deteriorating air quality, the bench led by Chief Justice NV Ramana overturned the executive’s decision to allow construction activities from November 22 and reimposed the ban.

However, it had authorized non-polluting construction-related activities such as plumbing, interior decoration, electrical work and carpentry.

“I will not take an appeal now. You are going to see the government. Let this case come on Friday and then we will see… Sorry, we cannot,” said the judiciary, which also included Justices Surya Kant and Hima Kohli, when lead lawyer Vikas Singh said thousands of crore rupees were being lost to real estate companies due to the ban and the plea should be heard urgently on Monday or Tuesday.

“I say something else. The government has lifted the ban on construction activities. This ban was reimposed by the court and not by the government,” the senior lawyer said.

Advocacy filed by the Developers and Builders Forum, an organization of more than 60 builders, claimed they were using the latest construction technologies to reduce dust pollution and meet established standards.

“It is very respectfully submitted that the above directive imposing a general ban should be reconsidered by this tribunal in the light of the relevant data and statistics.

“That the instruction be issued without taking the point of view of all the stakeholders and without differentiating between construction activities of various kinds.

“It is argued that the current general ban on all construction activities encompasses even small constructions of residential units and the like, which can in no way be considered to cause large-scale pollution,” the plea said.

On December 3, the final hearing date, the court ordered the Center and the states of the NCR to implement the orders of the Commission for the management of air quality in the NCR and adjacent areas in order to reduce pollution and called for a proposal to ensure all industries units switch to PNG or cleaner fuel on a limited time basis or face shutdown, while ruining the fact that some reports have attempted to present him as a “bad guy” who wants to shut down schools here.

The bench issued orders on a plea filed by Aditya Dubey asking for urgent action to improve Delhi-NCR’s air quality.


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