The Supreme Court on Thursday relaxed curbs in Delhi-NCR under the Graded Response Action Plan (GRAP) stage III and IV measures imposed in Delhi following the improved Air Quality Index (AQI). The SC advised the CAQM to also consider adding certain measures under GRAP-Stage III. If the AQI crosses 350, GRAP-III should be imposed and if it crosses 400, GRAP-IV must be imposed, the SC said.
Following this, the Commission for Air Quality Management (CAQM) revoked restrictions under Stage-III and Stage IV of GRAP in the entire NCR, with immediate effect. The restrictions have been reduced to Stage 2 of the GRAP which involves less stringent curbs such as a ban on the use of coal and firewood in industries and commercial establishments, including eateries.
This means people using BS-3 petrol and BS-4 diesel vehicles can ply their on the road in the National Capital region. Under GRAP III and IV, diesel-powered medium and heavy goods vehicles (BS-IV or lower) are prohibited, except for essential services while non-essential light commercial vehicles from outside Delhi were also restricted under GRAP stages 3 and 4. All construction and demolition activities, including public infrastructure projects like highways, flyovers, and pipelines, were also banned.
“The Sub-Committee, accordingly, has decided to revoke Stage-IV and Stage-III of GRAP in the entire NCR, with immediate effect. GRAP Stages II and I, to however, remain in-force in the entire NCR,” CAQM said in a post on X. The ban of BS-3 and BS-4 vehicles was implemented on November 15 when the CAQM decided to escalate GRAP measures to stage III. According to CAQM, the restrictions under stage II and I of GRAP will continue.
“Actions under Stage-l & ll of the GRAP shall however remain invoked and be implemented, monitored and reviewed by all the agencies concerned in the entire NCR to ensure that the AQI levels do not slip further. All implementing agencies shall keep strict vigil and especially intensify measures under Stage-I & II of GRAP. Construction & Demolition project sites and industrial units which have been issued specific closure orders on account of violations/ non-compliances of various statutory directions, rules, guidelines etc. under no circumstances shall resume their operations without any specific order to this effect from the Commission”.
“The Sub-Committee, shall be keeping a close watch on the air quality scenario and review the situation from time to time for further appropriate decision depending upon the Air Quality in Delhi and forecast made by IMI)/IITM,” it said.
The overall Air Quality Index (AQI) recorded in Delhi was 165, categorised as ‘moderate’ , the cleanest air day of December so far. The improvement began on Wednesday afternoon, with AQI levels falling from 211 in the morning to 178 by the evening. Of the 38 monitoring stations that recorded air quality data, only six stations reported levels in the poor category. It marks a significant improvement as on Tuesday, the AQI was recorded in the “poor” category with a reading of 268, compared to 280 on Monday and 285 on Sunday. For the month of
December, the city has not seen such clean air since December 14, 2022, when the AQI was 163.
Under GRAP-II, the restriction will continue which include ban on diesel generators across all sectors, including industrial, commercial, and residential areas, increased mechanical or vacuum sweeping and water sprinkling on identified roads, especially in high-traffic areas and pollution hotspots, use of dust suppressants every alternate day during non-peak hours, along with proper disposal of collected dust, intensified inspections at construction and demolition sites to enforce dust control measures and specific actions to focus on pollution hotspots throughout the city.
Earlier, a Bench of Justices Abhay S Oka and Augustine George Masih allowed the authorities to go down from Stage IV of Graded Response Action Plan (GRAP) to Stage II. However, the Court also asked the CAQM to put in place additional measures from Stage III. “We have perused the figures of AQI from Nov 18- Dec 4. Up to Nov 30, it was consistently above 300 and it is only during last four days that the levels came down below 300. It is true that at some stage the court will have to leave to the Commission to decide about GRAP applicability. Considering the data placed before us, we do not think that it will be appropriate at this stage to allow the Commission to go below Stage-II,” the SC said.
The SC further clarified that when the Air Quality Index (AQI) goes above 350, Stage III will have to be immediately implemented as a precautionary measure. “If AQI crosses 400 on a given day, Stage 4 to be reintroduced,” it ordered.
Additional Solicitor General (ASG) Aishwaraya Bhati today submitted that since the air quality has improved due to meteorological conditions, the Court should now allow easing of the restrictions. Bhati further said the Commission has suggested moving to a hybrid of Stage-II and Stage-III under GRAP from the Stage IV. “Lordships may look holistically at how Delhi air behaves during November-December. Our meteorological conditions do not allow European or Finland-like conditions unfortunately my lords,” Bhati said.
“Let us operate the GRAP schedule as per AQI. It is now predicted that it won’t go beyond Stage II,” she added. Amicus Curiae Aparajita Singh expressed her disagreement that there cannot be any further improvement in air quality. “Lordships, it is about implementation. I disagree with ASG on that we cannot improve further than this. In Mundka, open garbage burning is still happening, in Delhi itself,” the senior counsel said.
