Context:
The Supreme Court directed Haryana, Uttar Pradesh, and Rajasthan to compensate construction workers affected by the closure of activities due to the Graded Response Action Plan (GRAP) measures in Delhi-NCR.
Key Highlights of the Judgement
- The compensation must be paid in line with the Court’s November 24, 2021 order, which mandated the payment of wages to affected workers using funds collected as labour Cess.
- The Court emphasized that compensation should be paid even if no specific court order is issued in the future.
- The Court reiterated that affected workers should receive subsistence payments according to the court’s directions whenever construction activities are halted due to GRAP measures.
- Starting from 2024 and 2025, whenever construction activities are suspended due to GRAP measures, compensation must be provided to the affected workers.
About Graded Response Action Plan (GRAP)
It is a framework designed to combat air pollution in the Delhi-NCR region.
It was introduced as an emergency response mechanism, and its implementation is triggered when the AQI reaches “poor” levels.
The Commission for Air Quality Management (CAQM) in NCR and adjoining areas oversees the implementation of GRAP.
It collaborates with the Ministry of Environment, Forest and Climate Change (MoEFCC).
The CAQM has constituted a Sub-Committee for the operationalization of the GRAP.
- The sub-committee is required to meet frequently to issue orders to invoke the GRAP.
In case of any conflict, the orders or directions of the Commission will prevail over the orders of the respective state governments, the Central Pollution Control Board (CPCB), state PCBs, and state-level statutory bodies.
The GRAP for Delhi-NCR is divided into four stages of air quality: