New Delhi: The Supreme Court on Monday strongly criticised Delhi and other National Capital Region (NCR) states for failing to pay an allowance to labourers, after construction activities were halted due to air pollution, seeking the virtual presence of chief secretaries, saying “all states should understand the seriousness of the issue. When we summon top officers of the state, the ball starts rolling”.
On the aspect of severe air pollution in the capital, the apex court said before allowing any relaxation in emergency measures under Stage 4 of the Graded Response Action Plan (Grap) dealing with air pollution, it wants to ensure that air quality in the capital is improving, and there is some consistent downward trend in air quality index (AQI) level.
Non-payment of allowance to labourers'
A bench comprising Justices Abhay S Oka and Augustine George Masih directed the chief secretaries of NCR states to be present virtually to inform it whether or not any compensation was paid to the construction workers’, who were without work owing to the restrictions.
"We expected one of the states’ to show that the amount has been paid to a sizeable number of people…..we make it clear that unless substantial compliance or actual payment to construction workers’ is reported, we will have to consider of initiating Contempt of Court Act against officers," said Justice Oka.
Justice said that none of the NCR states – Delhi, Rajasthan, Punjab, Haryana, and Uttar Pradesh – have reported compliance with the order of paying subsistence amount to the construction workers’. “None of the states have pointed out to us that even a penny has been paid so far. We direct chief secretaries of these states’ to remain present through video-conferencing, on the next date”, said Justice Oka.
When state governments’ counsel urged the bench to not seek the presence of their respective chief secretaries, Justice Oka said, "We want payment. It all remains on paper. Let chief secretaries come and then you will understand the seriousness…how many people were paid….all states should understand the seriousness of the issue. When we summon top officers of the state, the ball starts rolling. It is our experience”.
The bench asked the governments’ counsel, show that the amount has been paid to the labourers. The bench said the chief secretaries of NCR states will have to appear through video-conferencing at 3.30pm on December 5.
On measures to curb air pollution
The bench led by Justice Oka declined to relax emergency measures under Stage 4 of the Grap dealing with air pollution in the national capital. The top court made it clear that ultimately, it would have to leave it to the governments to take anti-air pollution measures but it has to be satisfied that anti-pollution measures are working and the air quality is improving.
Justice Oka said, "Please show us the downward trend…any decision has been taken on mitigating factors by the commission (Commission for Air Quality Management)…”
Additional Solicitor General Aishwarya Bhati, representing the Centre, said there has been regular meetings of GRAP sub-committees and the Commission for Air Quality Management (CAQM) is monitoring compliance of states on all of the issues.
Bhati said GRAP is not a policy decision and it is an emergency measure, and added GRAP curbs are "extremely disruptive". The bench said suppose entry of all heavy vehicles is stopped will it not improve the air quality. “We want to ensure that there is a downward trend (in the air quality index) before we permit relaxation. Ultimately, someday we will have to leave it on you (Centre), we understand that. But we must be satisfied that there is some consistent downward trend”, said Justice Oka.
Citing court commissioners’ report, the bench also said that "very shocking things" were revealed. The commissioners are members of the Bar asked by the court to monitor the implementation of curbs in NCR.
The bench said there is a complete lack of coordination between the Delhi government, MCD (Municipal Corporation of Delhi), DPCC (Delhi Pollution Control Committee), CAQM (Commission for Air Quality Management) and other authorities.
A lawyer submitted before the bench that court commissioners are being intimidated. “Local toll persons and SHO told me this area is of big shooters, criminals and all, and gang and muscle people are very active here....”, said the lawyer, describing the ground reality before the court. A lawyer also pointed out the issue of stubble burning.
The bench appreciated the work carried out by the court commissioners, and added, “we direct Delhi Police to file a report in this court setting out action taken”. The bench said the commissioners can also seek armed protection from Delhi Police.
The bench also allowed the Delhi government to repair sewage lines and roads that are in dire condition.
The bench also noted that there is hardly any implementation of Grap-4 to deal with air pollution in the national capital while querying the Delhi government on the deployment of officers to implement the restrictions, especially banning entry of trucks in the capital.
Senior advocate Shadan Farasat, representing the Delhi government, said that the allegations of non-compliance of the Grap restrictions will be examined, and stressed that a mere few incidents cannot lead to the conclusion that the entire city of 1.5 crore population was not complying with the restrictions.
