NCR air pollution: Why Supreme Court asked CAQM to take action against Delhi govt, police and transport commissioner

NEW DELHI: Considering that many poor students, who are dependent on mid-day meals and also do not have facilities to take online classes, are facing hardships, Supreme Court on Monday allowed the Commission of Air Quality Management (CAQM) to take a decision on opening of schools and educational institutions in NCR but said that other stringent conditions imposed under GRAP-IV would remain in force till further order.
A bench of Justice Abhay S Oka and Justice Augustine George Masih directed CAQM to consider to relaxation in terms of clause 5 and clause 8 of GRAP-IV as well as clause 11 of GRAP-III measures (pertaining to discontinuing physical classes).
The bench also took strong exception that the authorities did not comply with the order of CAQM in enforcing GRAP-IV measures on barring trucks to enter within the territory of the national capital and directed the Commission to initiate proceedings against the state govt, transport commissioner and Delhi police commissioner. This was revealed in a report filed by 13 young lawyers who were appointed as court commissioners and visited over 86 out of the total 113 entry points to check the ground reality. They said that checkposts were put in place after the court passed an order asking them to visit.
Noting that the commission had passed an order to ban entry of trucks on Nov 18 but neither the transport department nor Delhi Police deployed their staff at entry point which was done only after SC passed direction on Nov 21, the bench directed the panel to invoke Section 14 of CAQM Act.
Section 14 says any noncompliance or contravention of any provisions of this Act, rules made thereunder or any order or direction issued by the Commission, shall be an offence punishable with imprisonment for a term which may extend up to five years or with fine which may extend up to one crore rupees or with both:
"It is apparent that the authorities which are mentioned against item numbers 1, 2 and 3 of stage IV of GRAP(state, transport & police commissioners) have made no earnest effort to implement the action in terms of clauses 1 - 3. Some police teams were deputed at a few entry points that also without any specific instruction. In fact the report of the court commissioner indicates that at most of the entry points the police were posted pursuant to the order of this court dated 22nd Nov. There is a serious lapse on the authorities mentioned against clauses 1 - 3. We therefore direct the commission to immediately initiate action in terms of section 14 of the CAQM Act," the court said.
The bench also directed NCR states to extend financial help to construction workers who face hardship due to ban on construction activities. It directed them to release labour cess funds to the affected workers.
"We direct all the states to use the funds which have been collected as labour cess for the welfare of construction workers to provide them subsistence for the period during which construction activities are prohibited," the bench said.