The Supreme Court will hear today the Delhi Air Pollution matter. A bench of Justice Abhay Oka and Justice AG Masih will hear the case.
On Thursday, the Court sought the response of NCR states for their "abject failure" in implementing GRAL IV measures. It also sought CAQM suggestions on moving from GRAP III or GRAP II.
The Court also emphasized the need for a mechanism to monitor instances of stubble burning throughout the day, emphasising that the current satellite monitoring for only a few hours of the day is not sufficient.
The Court also said that it will take a call on ordering the ban on firecrackers in the Delhi-NCR.
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Order: vi must take on record the enormous work done by the court commissioners appointed by the court. The reports tendered today show that even they have risked their life and face threats only with a view to discharge their duties.
Firstly we refer to report prepared by Shri Manan Verma. We direct Delhi Police to file a report to this court setting out the action taken by the police.
We have also perused the report of Mr Jatin Kumar and Miss Savi Nagpal. We direct Shri Balram Singh SHO of the police station to file a response as to what is stated in the report and he shal personally remain present in the court on the next day.
Another shocking thing which is revealed is that the employees of the contractors by using WhatsApp are communicating the movement of the court commissioners. The government will immediately take action against this. In the same report, instance of stubble burning has been pointed out.
We cannot allow members of the bar to be subjected to risk as the reports indicate that some of them were subjected to threats. We therefore give the option to the court commissioners whether they want to continue the work which is entrusted to them. Those court commissioners that desire to continue the work will send email to the Nodal Officer appointed by Delhi Police. Protection of armed policemen shall be given to those Court commissioners. They shall be given instructions that they will not communicate the movement of the court Commissioners.
We make it clear that it is the responsibility of Delhi Police to ensure that members of the bar who are acting as court commissioners are adequately protected.
Order: As far as entry points are concerned needless to add that all entry points must be manned. However it is for the Delhi Police to take a call and ensure that wherever more personnel are needed, they are posted at those entry points. The Delhi Police will do rational use of the police force. As we have stated earlier the commission will have to co-ordinate effort of all agencies and ensure that adequate manpower is deputed at the entry points.
Order: very shocking things are revealed from all the four reports filed by the court commissioners. We find that there is complete lack of coordination among stakeholders like MCD, Delhi Police, Delhi Commissioner, the Pollution control Committee. It is the responsibility of the commission to co-ordinate activities of all these entities with a view to ensure that measures are implemented.
Order: on Thursday we will examine the AQI levels and find out whether there is any downward Trend. Some of the relaxations suggested by Commission in the report dated second December 2024. We will hear the parties on those measures and pass appropriate orders.
Order: as regards the suggestion for modification of applicability of GRAP IV, we will hear the parties on this aspect on Thursday at 3:30 p.m.
Order: compliance report dated second December 2024 is tendered across the bar by the ASG.
In paragraph number 15, the commission has stated mitigating measures the Commission has decided to implement. We direct the commission to take further steps for communicating the mitigating measures to all concerned authorities and to co-ordinate efforts to ensure that these mitigating measures are actually implemented.
J Oka to Bhati: we will apply our mind to these suggestions but we want to ensure that there is a downward trend before we permit relaxations. Ultimately someday we will have to leave it to you. But at least we must be satisfied that there is some consistent downward Trend.
Order: they will appear before us through VC on Thursday at 3:30 p.m.. in the meanwhile the states are free to file affidavits. We make it clear that unless substantial compliance with actual payment of amounts to the construction workers is reported we will have to consider initiating action against the contempt of courts act against erring officers.
Order: we find that none of the NCR States Delhi Rajasthan Punjab and UP have reported compliance with order regarding payment of subsistence allowance to construction workers. None of the states pointed out to us that anyone has been paid so far. We direct the chief secretaries of these States to remain present through VC on the next date.
J Oka: What about other states?
Counsel: Instructions have been issued. We have taken steps to disburse the weekly subsistence allowance directly into the accounts. 50 lacs to each district have been allocated.