‘Pay labourers or face contempt charges’: SC raps NCR states over Delhi air pollution; refuses to relax GRAP IV

SC orders chief secretaries of Delhi, Rajasthan, Punjab and Uttar Pradesh to appear virtually for hearing on Thursday. Court permits Delhi govt to carry out sewage and road repair works

Delhi air pollution Representational image

The Supreme Court slammed the National Capital Region states for non-payment of subsistence to daily wagers affected by GRAP IV restrictions in Delhi. The apex court ordered chief secretaries of Delhi, Rajasthan, Punjab and Uttar Pradesh to appear virtually for the hearing on Thursday.

Hearing pleas regarding measures to curb pollution in Delhi, a bench comprising Justice Abhay Oka and Justice Augustine George Masih rapped the states for not complying with its order regarding paying subsistence to daily wagers from funds collected as labour cess by states. The bench had ordered the payment of subsistence as daily wagers were affected due to the ban on construction works under GRAP IV regulations.

“We find that none of the NCR States: Delhi, Rajasthan, Punjab and Uttar Pradesh, have reported compliance with the order regarding payment of subsistence allowance to construction workers. None of the states pointed out to us that anyone has been paid so far. We direct the chief secretaries of these states to remain present through videoconferencing on the next date,” the bench ordered.

The bench added, “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,” Live Law reported.

The apex court refused to relax GRAP IV restrictions in the national capital and rapped the Delhi government authorities and Delhi police for its poor implementation. The bench refused to relax the restrictions on Monday and said there needs to be a consistent downward trend.

Taking note of reports filed by court commissioners, the bench directed Delhi police and the Commission for Air Quality Management to appoint sufficient personnel to man entry points to Delhi. The Delhi government was directed to take action against contractors communicating the movement of court commissioners. The apex court directed Delhi police to provide protection of armed police personnel for court commissioners.

The Court permitted Delhi government to carry out the sewage repair works repair of only those roads which are 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,” the bench ordered.

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