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Builders will have to pay for causing pollution: NGT

Also, if any project is stopped for violating pollution norms, the builder will still also have to pay the labourers in full

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Invoking the ‘polluter pays’ principle on Thursday, the National Green Tribunal (NGT) said if any construction activity causes air pollution, the builder will have to face the consequences. Also, if any project is stopped for violating pollution norms, the builder will still also have to pay the labourers in full. A four-member NGT Bench headed by Justice Swatanter Kumar stated this after the counsel for Delhi Government said on Wednesday that they were lifting the prohibition on construction activities as labourers were suffering.

“It is a settled rule of environmental jurisprudence that ‘polluter pays’ principle covers all consequential effects of air pollution. It is the polluter who is expected to take all precautions and face consequences,” said Justice Kumar. He added, “If a builder is causing pollution to ambient air quality, he has to bear all consequences. In other words, builder would not be able to deny wages, partial or full, if the work is stopped for causing air pollution.”

“We are informed that the meeting to be taken up by the Ministry of Environment and Forests (MoEF) Secretary is fixed today (Thursday) in the afternoon. Let the minutes of the meeting be placed before the Tribunal,” the Bench said.

It added,“We direct the NCT Delhi to place our order of November 10 before competent authorities, along with ambient air quality data as informed by the Delhi Pollution Control Committee (DPCC) and the Central Pollution Control Board (CPCB). As per the data submitted on November 14-15, there was a spike in PM10, which is generated by construction activity and dust.”

In its November 10 order, the NGT had directed the governments of Delhi, Haryana, Punjab, Rajasthan and Uttar Pradesh to enforce a set of emergency measures when the air pollution crossed critical levels.

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