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Supreme Court Orders Subsistence Support for Construction Workers Affected by GRAP-III Restrictions

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New Delhi: The Supreme Court on Wednesday directed that construction workers who lost employment following the enforcement of GRAP-III in Delhi, Punjab, Haryana, and Rajasthan must receive subsistence allowances from their respective state governments.

A bench led by Chief Justice of India BR Gavai issued the directive while hearing the ongoing air pollution matter. The court also asked the affected states to implement preventive measures to curb air pollution and ensure their periodic review. It further ordered that all cases related to air pollution be listed every month for monitoring.

The bench noted that measures intended to reduce pollution are necessary but must account for the wellbeing of all stakeholders. “Proactive action to reduce air pollution is welcome. However, authorities must consider all factors and safeguard every stakeholder,” the court said.

GRAP-III was enforced in Delhi on November 11 by the Commission for Air Quality Management after air quality dipped to severe levels. The restrictions include a ban on most non-essential construction activity, curbs on BS-III petrol and BS-IV diesel four-wheelers, suspension of in-person classes for students up to Class 5, and restrictions on industries using non-clean fuel. Diesel generator sets are also prohibited except for emergency use.

Earlier this week, the Supreme Court directed the Delhi government to file an affidavit explaining the type and efficiency of equipment used for measuring AQI. The bench noted concerns raised by amicus curiae Aparajita Singh, who alleged that water sprinkling near pollution monitoring stations may have skewed readings. The Centre, however, stated that water sprinkling is being done across the city and political narratives were misrepresenting its purpose.

The court also heard submissions about the underreporting of stubble burning incidents. It asked the Centre to provide equipment to farmers to manage stubble and directed the Chief Secretaries of Punjab and Haryana to enforce CAQM’s November 13 guidelines on stubble control.

Responding to a plea for suspending all construction activities, the bench declined, noting that such restrictions must follow scientific assessment. “Experts have finalised graded restrictions based on AQI standards. We cannot impose a blanket ban, as large sections of the population depend on these activities for their livelihood,” the court observed.

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