Delhi pollution: Supreme Court summons Chief Secretaries over failure to compensate construction workers

The Supreme Court today 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 amid the air pollution crisis 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 ordered the Chief Secretaries of the Delhi, Uttar Pradesh, Haryana and Rajasthan to remain present through videoconference (VC) when the case is heard next on December 5 (Thursday) at 3.30 PM."We find that none of the NCR States ... have reported compliance with our earlier order regarding payment of subsistence amount to the construction workers. None of the NCR States have pointed out to us that even a penny has been paid so far ... We make it clear that unless substantial compliance with actual payment of amounts to the construction workers is reported, we will have to consider of initiating an action under the Contempt of Courts Act, 1971 against the erring officers", the Court ordered..It is our experience that ball starts rolling only when we summon.Supreme Court."We want proof of payment. Let them (Chief Secretaries) come, then they will be serious. We want proof!" Justice Oka remarked..In response to the Court's queries, the Delhi government, represented by Senior Advocate Shadan Farasat, today informed the Court that the payment would be done as soon as the construction workers eligible for such compensation are identified and verified."19,000 have been verified and those we can pay immediately. There is a direction from concerned Ministry now. In principle, we have no difficulty. But remaining, it has to be verified if they were working for one year," he said."We want proof of payment, not direction ... We expected at least one of the States to show that they have paid amount to sizeable workers. But it is not done," the Court lamented.Meanwhile, the counsel representing the Rajasthan government submitted that the compensation has already been paid in the State. "Put it on record. We are not even telling them (Chief Secretaries) to come physically (they have been asked to be present virtually). It is our experience that ball starts rolling only when we summon," the Court replied. .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 of Punjab, Haryana and Uttar Pradesh to curb stubble-burning incidents, among other things.The Bench had recently called for strict implementation of Stage IV measures under the Graded Response Action Plan (GRAP) to combat the crisis.During an earlier hearing, it had appointed thirteen lawyers 'advocate commissioners' to examine whether its earlier directives to restrict the entry of trucks from neighboring areas into the national capital is being properly enforced..Court commissioners facing threats.During today's hearing, the Court was shocked to find that the court-appointed commissioners were now facing threats for carrying out their work. Even their movements were being communicated through WhatsApp, the Court was told."We (commissioners) are feeling very unsafe. 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 and not paying toll. This is ground reality. Live stubble burning is also there," a lawyer told the Court.The Court ordered the Delhi police to file a report on what action has been taken on such threats."We cannot allow the members of the Bar to risk their lives as the reports indicate that some of them were subjected to threats," the Court said, while giving them option to step down from their role.The Court ordered the Delhi Police to extend sufficient protection, by way of armed guards, for commissioners who seek the same by email."We make it clear that it is the responsibility of the Delhi Police to ensure that the members of the Bar, who are acting as Court Commissioners, are adequately protected. We direct the Commission to constitute a team of officers to go through reports submitted by the Court Commissioners and take up the issues of non-compliance with the concerned Authorities and stakeholders so that an action can be immediately initiated on the basis of the defaults pointed out by the Court Commissioners", the Court ordered..The Court addressed concerns that there was no coordination between various authorities entrusted with duties to curb pollution in Delhi, such as the Commission for Air Quality Management (CAQM), the Delhi Pollution Control Board, the Municipal Corporation of Delhi and the Delhi police.The Court ordered the CAQM to take adequate steps so that there is proper coordination between these authorities in tackling the pollution crisis."We find that there is a complete lack of coordination amongst the stakeholders like Municipal Corporation of Delhi, Delhi Government, Delhi Police, Police Authorities and Delhi Pollution Control Committee when it comes to implementation of all GRAP measures. It is the responsibility of the Commission to coordinate activities of all these entities with a view to ensure that GRAP measures are implemented," the Court said.As the hearing drew to a close, the Court said that it would be exploring permanent solutions to address major causes of pollution including stubble burning.It requested the Amicus Curiae to prepare a note on this aspect so that specific dates can be assigned for hearing these issues..[Read order].[Read Live Coverage]