Supreme Court directs states to compensate construction workers affected by GRAP restrictions


Daijiworld Media Network – New Delhi

New Delhi, Mar1: The Supreme Court has mandated that the governments of Haryana, Uttar Pradesh, and Rajasthan compensate construction workers impacted by the suspension of construction activities due to Graded Response Action Plan (GRAP) measures in Delhi-NCR, even in the absence of specific court orders.

GRAP is a set of air pollution control measures enforced in Delhi-NCR based on air quality severity. It classifies air pollution levels into four categories: ‘poor’ (AQI 201-300), ‘very poor’ (AQI 301-400), ‘severe’ (AQI 401-450), and ‘severe plus’ (AQI above 450). Under GRAP-4, measures include restricting truck entry and halting construction projects, except for those using clean fuels or carrying essential goods.

Recognizing the adverse impact on construction workers, a Bench led by Justices Abhay S Oka ruled that workers must be compensated using funds collected as labour cess. The court emphasized that compensation should be paid whenever construction is suspended due to GRAP, referring to its earlier directive from November 24, 2021.

"From 2024 onwards, compensation shall be paid to all affected workers whenever GRAP restrictions halt construction activities. This payment must be made even if there is no direct court order," the Bench stated on Friday.

Haryana has already disbursed compensation to 2,68,759 and 2,24,881 workers during the first two phases of GRAP-4, with payments for another 95,000 workers for January 2025 underway. Delhi has provided compensation to 93,272 workers, with the verification process ongoing for others. Rajasthan has compensated 3,197 workers, while Uttar Pradesh has disbursed funds to 4,88,246, 4,84,157, and 691 workers across different phases of GRAP.

Earlier, the Supreme Court had reprimanded the Delhi Government for failing to pay full subsistence allowances to affected workers. The court has now instructed Delhi, Rajasthan, Haryana, and Uttar Pradesh to convene urgent meetings with workers’ unions to facilitate registrations and ensure timely financial aid for those who lose work due to pollution-related restrictions.

  

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Title: Supreme Court directs states to compensate construction workers affected by GRAP restrictions



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