“We expected at least one of the (NCR) States to show that they have paid amount to sizeable workers. But it is not done,” the Court found while warning that it will take action if the lapse continues.
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, Punjab, Haryana and Rajasthan to remain present through videoconference (VC) when the case is heard next on December 5 (Thursday) at 3.30 PM.
“We want proof of payment. We find that none of the NCR States have complied with our direction to pay compensation to construction workers. Not even proof of a penny being paid has been shown. We order the Chief Secretaries to be present on VC. Let them come, then they will be serious. We want proof!” the Court ordered.
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 members of the bar to be subjected to this risk,” the Court said.
The Court also 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 is responsibility of Delhi Police to ensure that members of bar who are court commissioners are adequately protected. We direct the Commission to depute a team to go through the reports and act on defaults and non compliance,” the Court ordered.
The Court also 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.