A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan specified that the compensation should be disbursed using funds collected through labour cess.
Court Issues Clear Directions on Worker Compensation
The court reiterated its stance, noting, "As far as 2024 and 2025 are concerned, we have issued directions to the states to pay compensation. We make it clear that hereafter, whenever construction activities are required to be closed due to the implementation of GRAP measures, compensation shall be paid to the affected workers in terms of directions issued by this court dated 24th November 2021."The court further emphasized, "Even if there is no specific direction of the court to pay compensation, the NCR States shall pay compensation."
Haryana, UP, and Rajasthan Report Progress on Compensation
During the hearing, Haryana informed the Supreme Court that it had compensated 2,68,759 workers during the first phase and 2,24,881 during the second phase of GRAP-4 restrictions. The process of compensating around 95,000 additional workers affected by GRAP-4 measures in January 2025 is currently underway.The Delhi government counsel updated the court, confirming that 93,272 workers have been compensated, with verification processes ongoing for the remaining registered construction workers.
The Rajasthan government reported that compensation payments have been made to 3,197 workers. Uttar Pradesh disclosed it had already compensated 4,88,246 workers in the first phase, 4,84,157 in the second, and 691 workers during the third phase of GRAP restrictions.
Supreme Court's Previous Interventions and Directions
The Supreme Court had previously reprimanded the Delhi government for failing to adequately pay subsistence allowances to construction workers left jobless by pollution-related construction curbs. The Delhi government was also instructed to immediately organize meetings with workers' unions to expedite the registration process for workers.Similar instructions were given to Rajasthan (specifically for the NCR districts of Bharatpur and Alwar), 14 districts in Haryana, and eight districts in Uttar Pradesh, mandating prompt action in coordinating with workers' unions and ensuring the payment of subsistence allowances.
In an earlier directive on December 2, the Supreme Court had also summoned the chief secretaries of the NCR states via video conferencing, asking them to clarify whether construction workers received the mandated subsistence allowance during the restrictions imposed under GRAP.
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