The Supreme Court has criticized Delhi and NCR states for failing to compensate construction workers affected by construction bans due to severe air pollution. The court demanded evidence of compensation payments and criticized poor coordination among local authorities. It upheld pollution restrictions and emphasized the need for safety for court commissioners monitoring compliance.
New Delhi: The Supreme Court has come down hard on Delhi and other National Capital Region (NCR) states for failing to compensate construction workers after halting activities due to severe air pollution.
“We find that none of the NCR States have complied with our direction to pay compensation to construction workers. Not even proof of a penny being paid has been shown,”
said a bench of Justices AS Oka and AG Masih.
“We want proof,” the bench added, directing the Chief Secretaries of Delhi, Haryana, Uttar Pradesh, and Rajasthan to appear via video conference on Thursday. The court remarked, “It is our experience that the ball starts rolling only when we summon.”
The court expressed disappointment that none of the states had shown evidence of compensating a significant number of construction workers. Despite Stage 4 restrictions under the Graded Response Action Plan (GRAP), which halted construction to combat worsening air quality, authorities have not provided the required allowances.
The bench refused to relax GRAP curbs, which had been imposed when the Air Quality Index (AQI) reached the ‘severe+’ category. Although the AQI has since dropped to the ‘very poor’ range, the court insisted that restrictions would remain until a “clear downward trend” in AQI is observed.
The court was alarmed by reports of “very shocking things” revealed by court commissioners—advocates tasked with monitoring pollution control measures. It criticized the “complete lack of coordination” among the Delhi government, Municipal Corporation of Delhi (MCD), Delhi Pollution Control Committee (DPCC), and Commission for Air Quality Management (CAQM).
The commissioners reported instances of intimidation, including threats from local gangs. One commissioner stated,
“We are feeling very unsafe. Local toll persons and SHO told me this area is of big shooters, criminals, and gang and muscle people are very active here and not paying toll. This is ground reality and live stubble burning is also there.”
Commending the commissioners for their courage, the court directed the Delhi Police to file a report on actions taken to address these issues. It emphasized that “court commissioners can also seek armed protection from Delhi Police,” making it clear that ensuring their safety is the responsibility of the authorities.
Additional Solicitor General Aishwarya Bhati acknowledged the “extremely disruptive” nature of GRAP curbs. However, the bench firmly responded, “Without a clear downward trend how can we relax?” It also rebuked a lawyer for raising issues like mask distribution, stating, “You want us to run the government. There has to be some limit.”
In a slight concession, the court allowed the Delhi government to repair sewage lines and roads in dire condition.
“However, we make it clear that not a single vehicle shall be used for this purpose which is not permissible in accordance with law,”
it stated.
The Supreme Court’s strong stance underscores its determination to hold authorities accountable for their failures in compensating labourers and managing pollution. As the AQI remains concerning, the court continues to push for stringent adherence to its directives while ensuring safety for those monitoring ground realities.
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