Today, On 2nd December, The Supreme Court summoned the Chief Secretaries of Delhi, Rajasthan, Punjab, and Uttar Pradesh via video conferencing over non-compliance with its order to pay subsistence allowances to construction workers during pollution-related work bans. The court noted that none of the states had reported making the payments as directed. This comes amid growing concerns over the welfare of workers affected by the restrictions. The next hearing will review explanations from the states on their inaction.
New Delhi: The Supreme Court conducted a hearing on Monday regarding the rising pollution levels in Delhi-NCR and reprimanded the Delhi government.
The Supreme Court summoned the Chief Secretaries of Delhi, Punjab, Rajasthan, and Uttar Pradesh in connection with air pollution issues in the national capital.
The court noted that none of these states have reported adherence to its order concerning the payment of subsistence allowances to construction workers. The court questioned what actions had been taken as pollution levels still fail to meet prescribed standards.
The remarks were made following a petitioner’s reference to a WHO report, highlighting the lack of a comprehensive policy, with only emergency measures being implemented.
The bench of Justice AS Oka and Justice AG Masih heard the matter, Today
The court stated,
“We find that none of the NCR states Delhi, Rajasthan, Punjab, and Uttar Pradesh has reported compliance with the order regarding the payment of subsistence allowance to construction workers. None of the states has indicated that any payments have been made so far. We direct the chief secretaries of these states to appear via video conferencing at the next hearing.”
This directive was issued during proceedings concerning air pollution in the national capital.
The court specified,
“They will appear before us through VC on Thursday at 3:30 PM. In the meantime, the states are welcome to file affidavits. We clarify that unless we see substantial compliance with actual payments made to construction workers, we may have to consider initiating action against the officers under the Contempt of Courts Act.”
The Central Government opposed this claim.
The Supreme Court acknowledged that the Graded Response Action Plan (GRAP) is only an emergency mechanism activated during critical situations and emphasized the need for a permanent solution.
The court directed Additional Solicitor General (ASG) to provide records of any FIRs filed and all related documents. The ASG assured the court of necessary actions.
The Court questioned the enforcement of criminal law and implementation measures. Court Commissioner Manan Verma, in his report, revealed that no cases had been filed under Section 14 of the Commission for Air Quality Management (CAQM), leading to minimal enforcement of GRAP. He also shared a study on health issues caused by air pollution and reiterated that GRAP is only a temporary solution, with no permanent policy in place.
The Court Commissioner further reported on the movement of trucks in Delhi, noting that 7-8 trucks carrying heavy materials like wood and cement blocks were operating in the area. When inspected near toll booths, officials from Haryana and Delhi denied jurisdiction over the area.
Amicus Curiae Aparajita Singh stated that a comprehensive action plan had been prepared by CAQM and EPCA but has not been implemented. In an earlier hearing, the Supreme Court had ordered GRAP-4 restrictions to remain in effect across Delhi-NCR until December 2, excluding schools.
The court also expressed displeasure at the entry of trucks into the city and demanded stricter implementation of restrictions.
Delhi-NCR has been grappling with severe air pollution, especially during the winter months, often reaching hazardous levels. The main contributors include vehicular emissions, industrial activities, stubble burning in neighbouring states, and construction dust. Emergency measures like the Graded Response Action Plan (GRAP) are often implemented during critical pollution episodes, restricting activities such as construction, entry of trucks, and industrial operations.
Despite these measures, long-term solutions remain elusive, with the Supreme Court emphasizing the need for permanent policies and stricter enforcement. The alarming pollution levels pose significant health risks, particularly respiratory and cardiovascular issues, affecting millions of residents in the region.