Introduction
The Supreme Court of India has once again stepped in to address Delhi’s worsening air pollution crisis, directing the Municipal Corporation of Delhi (MCD) to consider temporarily suspending toll collection at nine major toll plazas located at the capital’s entry points. The direction comes amid concerns that severe traffic congestion at toll booths is significantly contributing to air pollution, particularly during peak winter months when air quality consistently deteriorates to hazardous levels.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M Pancholi passed the order while hearing matters related to Delhi’s air quality and implementation of the Graded Response Action Plan (GRAP).
Background: Toll Plazas And Traffic Congestion In Delhi
The issue arose from an application filed by the National Highways Authority of India (NHAI), which highlighted that toll collection by the MCD at Delhi’s border points was leading to vehicles being stranded for hours. These traffic jams, especially involving heavy commercial vehicles, were alleged to be exacerbating vehicular emissions and worsening the already poor air quality in the National Capital Region (NCR).
The Supreme Court acknowledged that border congestion is not merely a traffic management issue but a serious environmental concern, directly impacting public health.
Supreme Court’s Directions To MCD
Taking note of the submissions, the Court directed the MCD to cooperate and consider suspending toll operations at the nine toll plazas for a temporary period.
“MCD is directed to cooperate on the issue and to consider suspending operations at these nine toll plazas for a temporary period. A decision in this regard shall be taken within one week and placed on record,” the Court ordered.
The Court’s direction is advisory in nature but carries significant weight, given the urgency of the air pollution crisis and the ongoing enforcement of Stage-IV of GRAP in Delhi.
NHAI May Take Over Toll Collection
In a pragmatic suggestion aimed at balancing environmental concerns with municipal revenue interests, the Supreme Court asked the NHAI to explore the feasibility of shifting these toll collection booths to locations that can be manned by the highway authority itself.
The Bench suggested a revenue-sharing mechanism, stating that:
“A portion of the toll collected at such sites can then be diverted to the MCD to compensate for the perceived loss arising from the temporary suspension.”
This approach reflects the Court’s attempt to ensure that public health concerns are prioritised without causing undue financial disruption to local authorities.
Judicial Observations On Public Inconvenience
During the hearing, CJI Surya Kant made a pointed observation on the extent of inconvenience caused by traffic snarls, remarking that people even avoid attending marriage functions due to border congestion.
Such observations underscore the Court’s recognition that Delhi’s pollution crisis has serious social, economic, and psychological consequences, beyond environmental degradation.
Call For A Long-Term Air Pollution Strategy
The Supreme Court emphasised that Delhi’s air pollution problem has become an annual phenomenon, requiring structural and long-term solutions rather than ad-hoc emergency measures.
Accordingly, the Court directed the Commission for Air Quality Management (CAQM) to revisit and strengthen its action plan across multiple sectors, including:
- Urban mobility, including traffic management and public transport
- Cleaner industry and energy transition
- Stubble burning, including incentivising farmers to adopt alternative residue management practices
- Regulation of construction activities, along with alternative employment for affected workers
- Household pollution, including preventive and behavioural measures
- Enhancement of green cover in Delhi
The Court also stressed the need for citizen awareness programmes, encouraging voluntary reduction of activities that contribute to air pollution.
GRAP Stage-IV And Current Air Quality Status
According to a statement released by the CAQM, Delhi’s air quality remained “very poor” over the preceding 24 hours, with AQI levels touching the “severe” category on December 13. As a result, Stage-IV of the GRAP continues to remain in force across the NCR.
Stage-IV restrictions include stringent curbs on construction activities, vehicular movement, and industrial operations, highlighting the gravity of the situation.
Debate On Closure Of Primary Schools
Another major issue discussed during the hearing was the closure of physical classes for students from Nursery to Class V.
Senior Advocate Menaka Guruswamy, appearing for certain applicants, argued that shutting down primary schools disproportionately affects children from economically weaker sections, particularly due to disruption of mid-day meal schemes.
However, the Court declined to intervene, observing that judges cannot act as “super specialists” in medical matters and stressing the importance of protecting children’s health during extreme pollution conditions.
Additional Solicitor General Aishwarya Bhati defended the decision, stating that the closures were necessitated by the severe health risks posed to children.
Construction Workers And Compensation
The Supreme Court also addressed concerns regarding construction workers affected by the GRAP restrictions. Senior Advocate Shyel Trehan sought compensation for workers who lost livelihoods due to suspension of construction activities.
The Court was informed that Delhi has approximately 2.5 lakh construction workers, of whom verification had been completed for 35,000, with 7,500 found eligible for compensation so far.
CJI Surya Kant stressed that compensation must actually reach the workers, cautioning against misuse of funds. The Court further asked the government to explore alternative employment opportunities for workers during prolonged construction bans.
The matter has been listed for further hearing on January 6, with the Court seeking a detailed report on compensation disbursal.
Conclusion
The Supreme Court’s direction to consider suspension of toll collection at Delhi’s entry points reflects a holistic and pragmatic judicial approach to tackling the capital’s chronic air pollution crisis. By linking traffic management, environmental protection, labour welfare, and long-term planning, the Court has reiterated that air pollution is not merely an environmental issue but a constitutional concern affecting the right to life and health.
As Delhi continues to grapple with toxic air every winter, the effectiveness of these measures — particularly inter-agency coordination between MCD, NHAI, and CAQM — will be crucial in determining whether the city can move beyond reactive responses towards sustainable and lasting solutions.
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