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Synopsis

While pulling up the Chief Secretary of Delhi over non-compliance with court orders, the Supreme Court of India today expressed displeasure with the Chief Secretaries of NCR states for failing to pay construction workers affected by Graded Response Action Plan (GRAP) IV measures in Delhi NCR.

"Firstly, we deal with the issue of subsistence allowance to construction workers. The Chief Secretary of the Delhi government states that a sum of Rs 2000 each has been paid, and the remaining amount of Rs 6000 will be paid immediately. However, the state has made no efforts to inform other workers that they are entitled to receive the subsistence amount if they register on the portal. From the Chief Secretary's statement, it appears to us that the Delhi government didn't even think there might be more workers", the bench led by Justice Oka said.

Court accordingly directed the Delhi government to convene a meeting with the union of construction workers and appeal to them to instruct the eligible workers to get registered on the portal.

Top court's bench, also comprising Augustine George Masih, noted that the Rajasthan government had paid Rs 76 lakhs to 2,063 identified workers out of 3,526 workers. It was also noted that Haryana had paid Rs 423.14 per day to 1.06 lakh workers and that the state of UP had paid Rs 8,000.

As the Chief Secretary of Delhi, appearing online, asked the bench for 10 more days, the bench expressed displeasure over the fact that the state of Delhi had failed to comply with the order. It said, "Why? When will you pay? We will issue a contempt notice against you."

On Monday, the Supreme Court had summoned the Chief Secretaries of NCR states for not complying with the court's previous order regarding the payment of subsistence allowances to construction workers.

We make it clear that unless substantial compliance with actual payment of amounts to the construction workers is reported we will have to consider initiating action against the contempt of courts act against erring officers", it added.

During the last hearing, the Supreme Court had made it clear that all GRAP-4 measures, except for the measures modified with respect to schools, will continue to operate until Monday. The court went through the compliance report submitted by the commission and remarked, "Hardly anything was done by the police. Complete failure." The court also highlighted that the authorities failed to stop the entry of trucks in the NCR region.

As the bench expressed dissatisfaction over the failure of authorities to implement GRAP 4 measures, it accordingly directed the CAQM to hold a meeting and provide suggestions regarding the transition from GRAP 4 to GRAP 3 or GRAP 2, adding that it is not necessary for all measures in GRAP 4 to be dispensed with. The court said there can be a combination of measures from GRAP 3 and GRAP 4.

Earlier it had refused to relax the Graded Response Action Plan (GRAP)-IV measures put in place to curb the worsening air quality. However, the court had directed the CAQM to reassess the restrictions placed on physical classes of schools, colleges, and educational institutions, which were suspended last week.

On 23 November, the Supreme Court had appointed 13 members of the Bar as court commissioners to visit the truck entry points and verify whether it was being enforced properly.

A week back, the Supreme Court had issued a circular advising all to ensure the wearing of masks and taking health measures as the air quality is worsening in the Delhi NCR region. Recently, the Supreme Court had directed all governments in the NCR region to strictly implement Stage 4 of the Graded Response Action Plan (GRAP).

While emphasising that the GRAP 4 will remain in force even if AQI drops below 400, the same bench had observed, "The learned amicus stated that AQI crossed 400 on 12 November. Instead of immediately invoking Stage 3, the Commission directed its implementation from 14 November. The same is the case with stage 4 which was implemented on November 17."

On 11 November, the court had expressed surprise over the delay in imposing the firecracker ban, noting that 'no religion promotes any activity that contributes to pollution or compromises the health of people."

The Supreme Court had while taking note of rampant stubble burning, upheld the right to a pollution-free environment while observing that 'stubble burning is not merely a violation of law but an infringement of the fundamental rights guaranteed under Article 21 of the Constitution.'

In November last year, the Supreme Court had pulled up the governments of Punjab, Rajasthan, Haryana, and UP, asking them to immediately stop stubble burning.

In reference to the worsening of the condition in Delhi NCR, the Supreme Court had remarked that a huge number of taxis were found on Delhi roads, with only one passenger onboard.

Case Title: MC Mehta vs. Union of India