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Delhi, Haryana, Rajasthan and Uttar Pradesh — all the states within the National Capital Region (NCR) — have not complied with the Supreme Court's directive to pay subsistence amounts to construction workers impacted by the stoppage of construction activities due to increasing air pollution. "None of the NCR States have pointed out to us that even a penny has been paid so far," the SC said.
The apex court December 2, 2024 directed the Chief Secretaries of these states to remain present through video conference on December 5, 2024. In the meanwhile, the NCR states can file their compliance affidavits.
SC emphasised that without substantial compliance regarding the actual payment to construction workers, it would need to contemplate action under the Contempt of Courts Act, 1971 against the responsible officers.
A compliance report dated December 2, 2024 has been tendered by Aishwarya Bhati, additional solicitor general (ASG) on behalf of the Commission for Air Quality Management.
The compliance report indicated that the commission has outlined the mitigation measures it plans to implement. The SC directed the Commission to take further steps for communicating these mitigating measures to all the concerned authorities and to coordinate an effort to ensure that these mitigating measures are actually implemented.
There is a complete lack of coordination among 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.
The apex court went through the earlier orders passed by SC from time to time, which dealt with issues arising from October to January every year. The court suggested examining all aspects of pollution to identify long-term solutions. These solutions must address stubble burning and various other sources of pollution.
The SC asked Aparajita Singh, senior advocate appointed as Amicus Curiae, to prepare a note on these issues within a period of two weeks so that dates can be assigned for considering these issues.
The Municipal Corporation of Delhi was also asked to consider suspending the golden passes issued to the vehicles whose entry has been prohibited under GRAP-IV.
Permission was given by the court to the Delhi government to carry out the work of repair of sewage and repair of only those roads, which are in bad condition. Nonetheless, the court emphasised that no vehicle should be used for these purposes, as it is not allowed by law.
The project proponents engaged in the construction of Rattle Hydro Electric Power Project in Drabshalla village, Kishtwar district, Jammu & Kashmir have been given two weeks to file objections to the joint committee report by the National Green Tribunal (NGT), on December 3, 2024.
After the report dated November 25, 2024 was filed through the Central Pollution Control Board, the project proponents said they need almost a month to file an objection.
The court stated that the disposal of waste along the riverbank is continuously harming the river's hydrology, morphology and ecology, as well as impacting the flora and fauna. This issue demands immediate attention, and those responsible for such activities must be stopped.
Therefore, extending the timeline in such cases would merely promote and perpetuate daily environmental destruction, which is unacceptable, especially given that the area in question is a delicate region of the Himalayas, the court observed.
Nevertheless, as project proponents needed a fair chance to respond to the Joint Committee report, the court granted the relevant respondents two weeks to file any objections to the report.
A letter petition was sent by the President Municipal Committee Thathri, Doda district, Jammu & Kashmir on November 25, 2023.
The complainant stated that Rattle Hydro Electric Power Project in Drabshalla district Kishtwar, Jammu & Kashmir is being constructed by Megha Engineering and Infrastructure Ltd. The working agency is dumping debris / muck in River Chenab instead of storing and dumping the same at the location allotted by the Revenue Department of Kishtwar.
On account of unauthorised and illegal dumping of debris in River Chenab during the rainy season, residents of Thathri suffered heavy losses due to flooding of the river. Thathri town is located right on the bank of River Chenab.