Enforce GRAP-4 curbs even if AQI falls below 450, SC directs Delhi-NCR states
Noting that it’s the constitutional duty of all the states to ensure that citizens lived in a pollution-free environment, the Supreme Court on Monday directed the Delhi-NCR states to immediately constitute teams to enforce the Graded Response Action Plan (GRAP) 4 restrictions.
“Notwithstanding what is provided in clause 5 of Stage IV of the GRAP, the Delhi Government and the NCR State Governments will take an immediate call on stopping physical classes of all standards up to the twelfth standard,” a Bench of Justice Abhay S Oka and Justice Augustine George Masih said.
It also directed the setting up of a mechanism where complaints can be filed against violation of restrictions under GRAP-4.
The GRAP is a set of anti-air pollution measures followed in the National Capital and its vicinity according to the severity of the situation. It classifies the air quality in the Delhi-NCR under four different stages: Stage 1 - 'poor' (AQI 201-300), Stage 2 - 'very poor' (AQI 301-400), Stage 3 - 'severe' (AQI 401-450) and Stage 4 - 'severe plus' (AQI above 450).
"Needless to add that it’s the constitutional obligation of the central and state governments to ensure the citizens live in a pollution-free atmosphere. Therefore, in addition to the actions which are proposed under stage three and stage 4, all possible actions shall be taken at the level of these governments to ensure that the AQI is brought down," the Bench ordered.
On Sunday, the Commission for Air Quality Management (CAQM) imposed stricter pollution control measures in Delhi-NCR under GRAP-4, effective from 8 am on Monday. This included a ban on truck entry and a temporary halt on construction at public projects, except for those carrying essential items or using clean fuel (LNG/CNG/BS-VI diesel/electric). Non-essential light commercial vehicles registered outside Delhi were prohibited, except for EVs and CNG and BS-VI diesel ones.
The CAQM issued the order after Delhi's AQI reached 441 at 4 pm and rose to 457 by 7 pm due to unfavourable weather conditions. On Monday, it was 494.
However, questioning the Delhi Government and the CAQM for the delay in implementation of stricter measures for checking the rise in AQI, a Bench led by Justice AS OKA said GRAP 4 restrictions will remain in effect even if the AQI fell below 450.
"We make it clear that till this Court passes further orders, the implementation of Stage IV of the GRAP will continue even if AQI drops below 450. All the NCR State Governments and the Central Government will file compliance affidavits by 21st November, 2024,” it said, posting the matter for further hearing on November 22.
"GRAP stages should be implemented immediately the moment the AQI level touches alarming levels. Some sense of urgency needs to be there. The moment the AQI reaches between 300 and 400, stage 4 has to be invoked. How can you take risk in these matters by delaying applicability of stage 4 of GRAP,” the Bench said after the Delhi Government counsel said that GRAP-4 had been enforced from Monday and heavy vehicles had been banned from entering the National Capital.
However, the Bench wondered why the authorities waited for improvement in weather conditions instead of implementing different stages of GRAP over alarming rising pollution levels.
“We also direct the Commission to provide for more stringent actions at Stages III and IV of the GRAP and, perhaps, not to leave anything for the discretion of the Governments or the local Authorities. The Commission will immediately take a call on this aspect,” it said.
The Bench – which has been dealing with the problem of stubble burning in Punjab and Haryana – had earlier expressed displeasure over limited actions against violators, saying nominal fines failed to check farm fires and that there appeared to be political reluctance to take strict action against farmers.
Noting that there were discrepancies in the data collected by NASA's polar-orbiting satellite and a Korean stationary satellite regarding farm fires, the top court on Monday directed the Centre to get data from stationary satellites regarding farm fires caused by stubble burning.
“Needless to add that, the Central Government and the Commission will procure data from the stationary satellites from 1st October, 2024,” it said.
On November 14, the top court had agreed to urgently take up the matter on Monday after amicus curiae Aparajita Singh had highlighted the worsening AQI in Delhi and said that India’s national capital should not become the most polluted city in the world.
In view of a circular issued by CAQM Director(Technical), Member Convenor of Sub-Committee on GRAP notifying implementation of Actions under GRAP stage-IV (‘Severe+’ Air Quality), THE Supreme Court on Monday issued a circular advising to take preventive health measures including wearing of mask. “Everyone is, therefore, advised to ensure wearing of mask and taking health measures mentioned in the aforesaid order,” a circular issued by Assistant Registrar (Admin. General) said.
