Delhi Pollution: Supreme Court pulls up Chief Secretary for not paying workers during construction freeze

The Supreme Court on Thursday pulled up Delhi Chief Secretary Dharmendra for failing to fully compensate the construction workers affected by the restrictions on construction activities which are in place to tackle the declining air quality in the national capital [In Re: Commission for Air Quality Management (Air Pollution) and Implementation of GRAP IV]..A Bench of Justices Abhay S Oka and Augustine George Masih questioned why the authorities had not paid full amount to the registered workers despite the directions from top court.As the Chief Secretary sought 10 days time for making the payment, the Court said,"Why? When will you pay the balance amount? They are verified that is why they were paid ₹2000? You want workers to starve? We are straightaway issuing contempt notice to you, this is not done. This is a welfare State," Justice Oka said..The Bench was hearing the case concerning the Delhi air pollution crisis. The Court has been monitoring action taken by authorities in the adjoining States to curb stubble-burning incidents, among other things.It had earlier ordered strict implementation of Stage IV measures under the Graded Response Action Plan (GRAP) to combat the crisis.During the last hearing, the Court ordered the Chief Secretaries of Delhi, Uttar Pradesh, Haryana and Rajasthan to remain present through video-conference (VC).This was after the Court took a serious view of the failure of States in the National Capital Region (NCR) to compensate construction workers whose livelihood has been affected by the halt of construction activities.During the hearing today, sharp disagreements between the Delhi government and Delhi Chief Secretary came to fore. Senior Advocate Shadan Farasat, representing the Delhi government, submitted that the workers have been paid ₹2000 rupees each. "I do not know why bureaucrats are doing pre verification. They will get Rs ₹6,000 more," Farasat said.At this, Senior Advocate Menaka Guruswamy, who appeared separately for Delhi government's Chief Secretary, said the statute requires verification. However, Farasat countered it saying there was no such requirement.At this stage, the Court sought to directly hear from the Chief Secretary and questioned him for delaying the release of money.The Chief Secretary then said,"We will pay tomorrow sir, that was not our intention. We gave (₹2000) for immediate succor.".The Court then questioned whether there were only 90,000 construction workers in Delhi. "Who will do the exercise of identifying the rest?," the Court asked.In response, Chief Secretary said anyone can register on the official portal. At this, the Court asked whether efforts have been made to ask the workers to register on the portal."Have you published a single notice to get workers to register themselves on portal?," the Court asked.When Chief Secretary responded in negative, the Court said,"What is going to be done about that? What is the way out? How will your compensation reach the workers tell us?"The Chief Secretary then said public notices would be issued.The Court also asked the Chief Secretary to confirm whether there are only 90,000 workers in Delhi."Should we record your statements that there are only 90,000 construction workers in Delhi? If it is found to be false please know the consequences," it said.The officer then said the number would have to be re-verified..In the order passed today, the Court recorded that payment of ₹2,000 has been made to 90,693 workers and rest will be paid immediately."State has made no efforts to inform other worked they are entitled to receive subsistence amount if they register in portal. From what it appears to us based on what the Chief Secretary said, the Delhi government is not aware there may be more workers. Meeting of unions to be held immediately to tell them to register," the Court ordered.