The ban on driving BS-3 petrol or a BS-4 diesel cars in Delhi will continue till Thursday, as the Supreme Court (SC) on Monday refused to relax restrictions under the Graded Response Action Plan (GRAP) amid high levels of air quality index levels. The SC observed that despite the alarming air quality levels, there has been a lack of serious enforcement of measures outlined under GRAP Stage IV, which is triggered when air quality deteriorates to hazardous levels, and it will take a call on a proposal for relaxation by the Commission for Air Quality Management on Thursday.

The SC stressed on finding a permanent solution to the issue of air pollution in the National Capital Region (NCR), saying a similar situation arose every year between October and December. It further directed the Delhi police to provide armed protection to those Court Commissioners who wish to continue monitoring implementation of GRAP IV measures in Delhi-NCR.

Notably, there was a slight improvement in Delhi’s air quality for the second consecutive day on Monday, even as it remained of “poor” quality with an Air Quality Index (AQI) of 280 in the morning. According to data provided by the Central Pollution Control Board (CPCB), the National Capital recorded an AQI of 285 on Sunday, an improvement to the “poor” category, and a welcome relief following 32 consecutive days of “very poor” and “severe” air quality (AQI above 400).

A Bench of 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.

The Bench took a serious view of the failure of States in the National Capital Region (NCR) to compensate construction workers whose livelihood has been affected by the halt of construction activities amid the air pollution crisis in the National Capital.

Observing that 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.

Referring to the lack of coordination among the stakeholders, 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 and decided to wait till Thursday before taking a call on relaxing restrictions to ensure there is indeed a steady downward trend in air pollution levels. “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 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 detailing the 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.

Police personnel, including armed guards, must be given to court commissioners while discharging their duties, directed the SC. “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. Court commissioners Jatin Kumar and Savi Nagpal reported a violation at Jharoda toll, where a BS-IV diesel truck carrying construction and demolition (C&D) materials entered Delhi without valid documentation. Another court commissioner in their report, detailing an incident on November 29, 2024, at Asiad Village, Khelgaon, New Delhi, observed a construction cutting machine operating at a property with a “BHEL” nameplate. Upon attempting to take photographs, he encountered workers fleeing inside the house.

Meanwhile, the Commission for Air Quality Management (CAQM) in Delhi and adjoining areas submitted a report to the court seeking that emergency measures be scaled down from Grap-4 to GRAP-II as the AQI on December 1 was 285 (poor) after being in the severe (400+) or very poor (300+) zones for 32 days. “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 Bench directed the CAQM to take steps for communicating the mitigating measures, which it decided to implement, to all authorities concerned and coordinate to ensure the implementation. 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.

According to the Central Pollution Control Board(CPCB), the AQI recorded at Anand Vihar at 6 am on Monday was 303, Ashok Vihar at 284, Bawana at 298, Chandni Chowk at 188, IGI Airport at 270, Dwarka at 307, Jahangirpuri at 310, Mundka at 297, Narela at 266, Nehru Nagar at 334, Patparganj at 285, Punjabi Bagh at 278, Pusa at 249, Rohini at 299, and Wazirpur at 281.