SC exempts 7 COVID hosp sites in Delhi from CAQM ban on construction work

Update: 2021-12-03 18:49 GMT

New Delhi: The Supreme Court of India on Friday exempted seven construction sites in the Capital from the ongoing ban on construction activities, provided they follow all pollution control norms — noting that the Delhi government had submitted that Covid hospitals were being built and upgraded in these locations.

A bench comprising Chief Justice NC Ramana and Justices DY Chandrachud and Surya Kant, while asking all NCR states to scrupulously follow the orders issued by the Commission for Air Quality Management in the NCR, also said that these construction sites — as listed by the Delhi government — may be exempt from the ban.

At the hearing on Friday, Senior Advocate Abhishek Manu Singhvi submitted on behalf of the Delhi government that work at these sites must be allowed to continue given the public importance of the hospitals amid a pandemic.

The sites that have been exempted by the Supreme Court, in Friday's orders, include that of seven new hospitals in Shalimar Bagh, Kirari, Sultanpuri, Raghubir Nagar, Sarita Vihar, GTB Hospital and Chacha Nehru Hospital. While not all of these hospitals are earmarked solely for Covid — they will have special wards to deal with Covid patients, Senior Advocate Singhvi submitted. He said, "It is anti-public interest to not continue construction of these hospitals." Solicitor-General Tushar Mehta — appearing for the Union government — agreed with the Delhi government's stand.

On thermal power plants

Moreover, in the course of the hearing on Friday, Justice Chandrachud asked the Central government whether it is in a position to shut down the remaining five thermal power plants that are still running in the vicinity of the NCR and what alternatives it might have to augment power generated from these plants..

According to the CAQM directions issued after the top court first took up the matter this year, out of the 11 thermal power plants in the vicinity of the NCR, six had been ordered shut and only five are being allowed to operate.

'Portrayed as villains'

But even as the SC ordered for implementation of CAQM directions on Friday, the bench was displeased with news reports that according to them attempted "to project as if we are the villains who want to close down the schools". It went on to say, "You (the Delhi government) had taken the decision on your own. You had said that you want to close down the offices and close the schools... we have not given any orders. You see today's newspapers," the CJI observed. Singhvi agreed with the court and so did S-G Mehta.

"We cannot interfere with freedom of speech and expression of the press. We cannot take away the right. They can hold a mike and say anything. You are from a political party and can hold a press conference but we cannot do so. What to do?" the bench said.

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