Enforce GRAP-4 even if AQI falls below 450, top court directs Delhi-NCR states

Noting that it is the constitutional duty of all states to ensure that citizens live 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 4 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. GRAP is a set of anti-air pollution measures followed in the 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 that 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 action 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 temporary halt on construction at public projects and a ban on the entry of trucks except 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 the implementation of stricter measures for checking the rise in the AQI, a Bench led by Justice AS OKA said GRAP-4 restrictions would 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 4 of GRAP will continue even if the AQI drops below 450. All NCR state governments and the Centre will file compliance affidavits by November 21,” 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. 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 GRAP-4 was enforced from Monday and heavy vehicles had been banned from entering Delhi.

The Bench, which has been dealing with the problem of stubble burning in Punjab and Haryana, had earlier expressed displeasure over limited action against the violators, saying nominal fines failed to check farm fires and that there appeared to be political reluctance to take strict action against farmers.