SC raps NCR states for non-payment of subsistence allowance to daily wagers, seeks response from Chief Secys

New Delhi: The Supreme Court on Monday took a serious view of the failure of the National Capital Region states for non-payment of subsistence to daily wagers affected by graded response action plan (GRAP) IV restrictions in Delhi and ordered chief secretaries of Delhi, Rajasthan, Punjab and Uttar Pradesh to appear virtually before it.

"All states should understand the seriousness of the issue. When we summon top officers of the state, the ball starts rolling," it said.

Taking up pleas concerning measures to curb pollution in Delhi, a bench of Justices Abhay Oka and Augustine George Masih refused to relax the restrictions under GRAP Stage-IV imposed in Delhi to tackle air pollution.

The bench said that it would take a call on the relaxations proposed by the Commission for Air Quality Management (CAQM) on Thursday after analysing the downward trend of the Air Quality Index (AQI). 

During the hearing, the court 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 said.

The bench clarified that unless substantial compliance with actual payment of amounts to the construction workers is reported, it will have to consider initiating action against the contempt of courts act against erring officers. 

"We expected one of the States’ to show that the amount has been paid to a sizeable number of people," the bench said.

The court also rapped the Delhi government authorities and Delhi police for its poor implementation on anti pollution measures. 

In view of reports by the court commissioners that "very shocking things" were revealed, the bench directed Delhi police and the Commission for Air Quality Management to appoint sufficient personnel to man entry points to the national capital.

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 bench, however, allowed the Delhi government to carry out the sewage repair works and repair of only those roads which are in dire condition. 

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,” the bench said.