Noting the alarming rise in population and delays in implementation of stricter measures, the Supreme Court (SC) on Monday asked the Delhi-NCR States to immediately set up teams to enforce GRAP 4 restrictions, and said it will remain in effect even if the AQI is below 450. The SC also ordered that physical classes for all school students up to Class 12 be suspended in Delhi NCR for the time being.
A Bench of Justices Abhay S Oka and Augustine George Masih said it is the constitutional duty of all States to ensure all citizens live in a pollution-free environment. “We direct restrictions under stage 4 of GRAP to continue even if AQI level falls below 450,” the Bench said.
The Supreme Court asked all National Capital Region States to immediately take a call on conducting physical classes up to Class 12 and directed the setting up of a mechanism where complaints can be made for violation of restrictions under stage 4 of the Graded Response Action Plan (GRAP). The Bench questioned the Delhi Government and the Commission for Air Quality Management (CAQM) over the delay in invoking pollution preventive measures under GRAP stages.
“GRAP stages should be implemented immediately the moment the AQI level touches alarming levels. Some sense of urgency needs to be there,” the Bench said, after the counsel for the Delhi Government informed the Bench that stage 4 of GRAP has been implemented from Monday and heavy vehicles have been banned from entering the national Capital. “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 told the counsel.
The Judges said that the CAQM waited for improvement in weather conditions instead of implementing different stages of GRAP over alarming rising pollution levels. Asking the Delhi Government and neighbouring NCR States - Uttar Pradesh and Haryana - to file their compliance affidavit by November 22 on the implementation of preventive measures to check pollution, the Bench said steps may be taken besides those suggested under GRAP.
First implemented in 2017, 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).
On Sunday, the CAQM announced stricter pollution control measures for the Delhi-NCR under GRAP-4, effective from 8 am on Monday, including a ban on truck entry and a temporary halt on construction at public projects. The CAQM issued the order as Delhi’s Air Quality Index (AQI) worsened, reaching 441 at 4 pm and rising to 457 by 7 pm due to unfavourable weather conditions.
According to the order, no trucks would be allowed into Delhi except for those carrying essential items or using clean fuel (LNG/CNG/BS-VI diesel/electric). Non-essential light commercial vehicles registered outside Delhi will also be prohibited, except for EVs and CNG and BS-VI diesel ones.
