Supreme Court refuses to relax GRAP-4 curbs in Delhi unless AQI shows consistent downward trend

The Supreme Court on Monday refused to relax the emergency measures under Stage 4 of the Graded Response Action Plan (GRAP) dealing with air pollution in the national capital unless a consistent downward trend was noticed in the AQI level.

Justices Abhay S Oka and Augustine George Masih further directed the chief secretaries of NCR states to appear before it through video-conferencing on December 5 to inform whether or not any subsistence allowance was paid to the construction workers who went without work owing to the restrictions.

Observing the Delhi-NCR faced a similar situation every year between October and December, the bench proposed to go into all aspects that cause air pollution and find a permanent solution.

The bench highlighted the “complete lack of coordination” among stakeholders, including the Delhi Government, Delhi Police, Municipal Corporation of Delhi and pollution control committee in implementing the restrictions.

“What we propose is, we will look into your suggestions, but today we will not permit relaxations unless you show us a clear downward trend,” said the bench.

The apex court said it would hear the parties on December 5 on whether or not to relax the GRAP 4 restrictions.

“On Thursday (December 5), we will examine the AQI (air quality index) levels and find out whether there is any downward trend,” it said.

“There is hardly any implementation of stage 4 of GRAP to deal with air pollution in the national capital,” remarked the bench, questioning the Delhi Government on the number of officers deployed by it to implement the restrictions, especially banning trucks from entering the national capital.

The Delhi Government, represented by senior advocate Shadan Farasat, said it would look into allegations of non-compliance of the GRAP restrictions.

The apex court was hearing a matter over measures to curb air pollution in the Delhi-NCR.

The bench during the hearing noted the revelation of “very shocking things” from the reports filed by advocates appointed as court commissioners to conduct inspection at entry points.

The reports indicated to the bench that the court commissioners risked their lives besides facing threats in order to discharge their duties.

Referring to one such court commissioner’s predicament, the bench asked the police to file a report setting out its action taken.

“We cannot allow the members of the Bar to get subjected to risk as the report indicates that some of them have been subjected to threats,” it said.

The bench enquired if the court commissioners wanted to continue with the work and asked those desiring to continue to send emails to the nodal officer appointed by the Delhi police.

The police personnel, including armed guards, be given to court commissioners while discharging their duties, directed the top court.

“We make it clear that it is the responsibility of Delhi Police to ensure that members of the Bar who are acting as court commissioners are adequately protected,” it said.

The Commission for Air Quality Management (CAQM) was directed to depute a team of officers to go through reports submitted by the court commissioners and take up the issue of non-compliance with the authorities concerned for immediate action.

The bench directed CAQM to take steps for communicating the mitigating measures, which it decided to implement, to all authorities concerned and coordinate to ensure the implementation.

Referring to the lack of coordination among the stakeholders, the bench said it was the responsibility of CAQM to coordinate the activities of all these entities with a view to ensure that GRAP 4 measures were implemented.

“As far as entry points are concerned, needless to add that all entry points must be manned,” it said while underlining it was for the Delhi Police to decide and ensure the deployment of personnel at the entry points.

The bench while referring to its earlier statement, said, “The commission will have to coordinate efforts of all agencies and ensure that adequate manpower is deputed at the entry points.”

Regarding the aspect of pollution and finding a permanent solution, the bench asked the amicus curiae to prepare a note within two weeks for the court to assign dates to consider these issues.

On the issue of allowances to the construction workers, the bench said the chief secretaries of NCR states including Delhi, Haryana, Uttar Pradesh and Rajasthan will have to appear before it through video-conferencing at 3.30 pm on December 5.

During the hearing, the bench observed there must be some downward trend in the AQI levels before the court relaxes the GRAP 4 restrictions.

“We must be satisfied that there is some consistent downward trend,” it said.

When one of the lawyers raised another issue related to pollution, the bench asked, “All of you are expecting us to run the government?”

The court cannot go into each and every aspect and micro-manage everything, it said.