SC re-imposes ban on construction in Delhi-NCR, asks states to pay affected workers

After re-imposing a ban on construction and demolition activities in Delhi and NCR region due to the rise in the air pollution level, the Supreme Court has asked the states to pay minimum wages to all the workers from the funds collected as labour cess till the period during which the construction activities are prohibited. Delhi Environment Minister Gopal Rai has also instructed the Delhi government’s labour department to prepare a plan for providing financial assistance to the affected workers.

In an interim order, a special bench headed by Chief Justice N.V. Ramana, Justices, D.Y. Chandrachud and Surya Kant, passed two interim measures until further orders, stating, “Non-polluting activities relating to construction such as the plumbing work, interior decoration, electrical work and carpentry are allowed to be continued. The states shall use the funds which have been collected as labour cess for the welfare of construction workers to provide them subsistence for the period during which construction activities are prohibited and pay wages notified under the Minimum Wages Act for the respective categories of workers.”

The court has also asked the Central government, Delhi-NCR states and the commission to formulate some appropriate measures to combat pollution. The hearing has been postponed to 29 November. Solicitor General Tushar Mehta submitted a graded response plan to the court that has been prepared comprising the action that is to be taken after identifying the actual record of the deterioration of the air quality. The order stated, “We direct that instead of waiting for the air quality to deteriorate before initiating action under the graded response plan, necessary measures must be put into place in anticipation of a deterioration of air quality. For this purpose, it is necessary for the commission to engage expert agencies with domain knowledge in meteorological data and statistical modelling. The Commission must commission a scientific study of air quality based on available data of previous years bearing upon recorded levels of air pollution.”

Delhi Chief Minister Arvind Kejriwal on Thursday announced that the Delhi government will deposit Rs 5,000 in the bank accounts of the affected workers. The Delhi government has also promised to compensate the labourers for the loss. Commenting on the present situation, Shoaib Iqbal, AAP MLA from Matia Mahal, told The Daily Guardian, “The state government must help the labourers and provide them with food and shelter as some of the workers sleep in the construction site. As winter is approaching, night shelter must be provided to them.”

Tanmaya Das

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