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What the Delhi High Court reportedly directed
In Sunil Kumar Aledia v. Govt. of NCT of Delhi and Others, W.P.(C) 2991/2020 with W.P.(C) 13120/2026, a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia reportedly passed an order on 1 October 2026. LawChakra and LiveLaw reported the directions on 6 October.
According to those reports, the court called for fresh affidavits from the Union, the Delhi Labour Department and the Delhi Building and Other Construction Workers Welfare Board. The affidavits are to describe steps taken to extend available benefits to construction and other workers and say whether there is an action plan to use the cess corpus for that purpose. If no plan exists, the authorities are to prepare or enforce one in alignment with the new labour laws. LawChakra’s 6 October report reproduces the directions; LiveLaw’s report also describes the order.
What the reported ₹3,000 crore figure means
The coverage describes roughly ₹3,000 crore collected as construction cess and lying unutilised. That is the amount reported in connection with the case, not a verified current balance-sheet figure: the accounting period, underlying Board accounts and audit were not established in the available material.
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Collected cess and benefits actually paid to workers are different measures. The reported direction concerns how authorities will extend benefits and account for a plan; it is not a finding that the corpus has been misappropriated or that any specific amount has already been disbursed.
How worker identification fits into the direction
The reports say the court also addressed employer registration under the new codes and rules. Employers are to furnish a list of construction workers they employ, linking registration requirements with the identification of workers who may be eligible for benefits. The reporting does not establish the detailed format, filing process or implementation schedule for those lists.
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Legal background: the older framework and the new codes
Delhi’s construction-worker welfare system has operated under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the BOCW Cess Act, 1996, the Cess Rules, 1998 and Delhi’s BOCW Rules, 2002. The Delhi BOCW Board says it was constituted in 2002 and describes the legislation as addressing construction workers’ safety, health and welfare. Its Acts and Rules page lists the relevant laws and rules.
The case coverage frames the issue against the transition to the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020. A reproduced Ministry of Labour and Employment notification dated 8 May 2026 states that a one-percent cess on construction cost was specified under section 100 of the Social Security Code, effective from Gazette publication, superseding the 1996 notification. The reproduction is available through Gazette Tracker; consult the official Gazette text for legal quotation or detailed interpretation.
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A Delhi Labour Department memorandum search result describes the earlier levy as one percent where construction cost exceeded ₹10 lakh and says cess became operative in Delhi in January 2002. That is historical context, not evidence of the current corpus or a statement of the current rule.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Reported deadlines and next hearing
LawChakra and LiveLaw reported that the affidavits were due within four weeks of the 1 October order, with petitioners able to file rejoinders within a week after service. They reported the next hearing for 18 November 2026. These are procedural dates as reported on 6 October; the signed order or court docket should be checked for authoritative wording or any subsequent change.
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