Order of the Supreme Court of India in the matter of M C Mehta Vs Union of India & Others dated 02/12/2024.

None of the NCR states - Delhi, Haryana, Rajasthan and Uttar Pradesh have reported compliance with the SC order regarding payment of subsistence amount to the construction workers. "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 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. The SC made it clear that unless substantial compliance with actual payment of amounts to the construction workers is reported, the court would have to consider initiating an action under the Contempt of Courts Act, 1971 against the erring officers.

A compliance report dated December 2, 2024 has been tendered by Aishwarya Bhati, ASG on behalf of the Commission for Air Quality Management.

The compliance report mentioned that the commission has stated the mitigation measures which the commission has decided 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. With respect to the suggestion for modification of applicability of GRAP-IV, the court will hear the parties on the aspect on December 5. On that day, the SC would also examine the AQI levels and find out whether there is any downward trend. The SC expressed shock at the five reports filed by the Court Commissioners.

There is a complete lack of coordination amongst 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 the SC from time to time which dealt with issues which arose from October to January every year. The court proposed to go into all the aspects of pollution and try to find out permanent solutions. Permanent solutions will have to be found out in respect of stubble burning and various other causes 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 work of repair of only those roads which are in bad condition. However, the court made it clear that not a single vehicle shall be used for these purposes which is not permissible in accordance with law.