Delhi Air Pollution - Court Commissioners Report 'Abject Failure' In Implementing GRAP-IV Measures; Supreme Court Seeks NCR States' Response

The Supreme Court on Thursday (November 28) observed that the Court Commissioners' reports indicated "abject failure" on the part of the authorities in implementing the GRAP-IV measures to address the severe problem of air pollution in Delhi.

The Court called for a response from the National Capital Region (NCR) states by Monday (December 2) on the measures they propose to take against the breaches which have been specifically pointed out by the Court Commissioners.

"The immediate issue which needs to be addressed is that the trucks are allowed to enter the limits of Delhi and then after travelling some distance they are taking a u-turn back to from where they have arrived. This issue also needs to be addressed," the Court observed in its order.

A bench comprising Justice Abhay S Oka and Justice Augustine George Masih passed the directions while hearing the MC Mehta case to deal with the air quality crisis in the national capital.

GRAP-IV to continue till Monday, meanwhile, CAQM to decide on changes

The Court ordered that the GRAP-IV measures will continue till Monday. In the meantime, the CAQM should hold a meeting and come out with a suggestion about moving from GRAP IV to GRAP III or GRAP II. It is not necessary that all measures which are provided in GRAP IV should be dispensed with and there can be a combination of measures in GRAP III and GRAP II, the Court clarified.

No authority can give additional exceptions for trucks

The Court also specifically clarified that the entry of all trucks, except those carrying essential goods or providing essential services and LNG/CNG/Electric/BS-VI trucks, are prohibited in Delhi as per GRAP-IV. Therefore, any order issued by any authority providing additional exceptions for truck entries will have no binding force, the Court declared.

CAQM's clarification permitting certain constructions comes under criticism

The Commission for Air Quality Management (CAQM) came under the criticism of the Supreme Court for issuing a clarification today (November 28) allowing certain construction activities in Delhi-NCR when the GRAP-IV restrictions to deal with air pollution are in force.

As per the notification issued by RK Agarwal, Director (Technical) of CAQM, construction and demolition activities are banned in the Graded Action Response Plan (GRAP) Stage-IV. At the same time, the notification also added, "However, other activities which are permitted under Stage-III, will continue to be permitted."

The bench expressed disapproval of this notification, saying that it was bound to create confusion, as there is a complete ban on construction and demolition activities under GRAP-IV.

"How are other activities which are permitted under Stage three permitted now?," Justice Oka asked. Additional Solicitor General Aishwarya Bhati replied, "This clarification that has come from CAQM. We are just issuing clarification on what is permitted and what is not permitted. We are not picking and choosing a hybrid of 3 and 4."

"In GRAP IV there is no exempted category. This will create a lot of confusion. Everybody will be misled by this. What was the necessity of this? And who has the power to issue this?," Justice Oka asked.

"You have to withdraw this. Last sentence will give a signal as if GRAP 3 continues," Justice Oka told the ASG. The ASG submitted that the CAQM would withdraw the notification but added that the intention was only to clarify.

No implementation of GRAP-IV on ground : Court commissioners

Advocate Manan Verma, who was appointed as Court Commissioner, reported to the Court that GRAP-IV was not being implemented at the ground level. Construction activities are going on in posh colonies, factories are running 24 hours, and waste burning was happening, the commissioner submitted.

Regarding the ban on truck entries, amicus curiae Senior Advocate Aparajit Singh submitted that trucks should be stopped at the NCR border instead of the Delhi border. She also cited the report of another court commissioner which stated that cement was being transported in some trucks under bags of wheat flour (which is an exempted commodity).

Another court commissioner pointed out that there were no CCTV cameras at the border points and no civic volunteers or team from the Delhi Government.

"The problem is even today GRAP IV is not being implemented...now there has to be a logical conclusion. Action should be taken against those who is in charge of the area of the specific cases pointed out," Justice Oka observed.

Live updates from today's hearing can be read here.