The Supreme Court will hear shortly the Delhi Air Pollution matter.
A bench comprising Justices AS Oka and AG Masih will consider today if the GRAP-IV restrictions should continue in Delhi-NCR.
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Order: the Commission will look at the suggestions made by the court commissioners.
J Oka after dictating order: Technology we must accept but we must accept that only by improving the use of technology we are not going to improve the quality of justice. We have seen this happening everyday in COVID, what kind of impact...there were transgenders, vendors on the street etc. so many people were affected very drastically.
Guruswamy: some children never went back to school.
J Oka: That's right. Problems are too many.
Order: the court commissioners are free to bring to the notice of the court other violations of GRAP.
The actions under stage IV relating to Delhi mean the action will be in respect of the entire Territory of National Capital Territory of Delhi.
Order: It is obvious that due to implementation of GRAP 4 measures, several sections of the society may have been adversely affected. The Commission has all the powers under section 12(1) of the Act to issue directions to various authorities to take several measures to ensure that persons in the category of labour, daily workers etc. do not suffer. We therefore direct the Commission to consider taking various mitigating measures by issuing necessary directions in terms of section 12(1) of the CAQM Act.
A chart has been submitted across the bar showing that AQI in Delhi. It shows that from 20th November to 24th November AQI ranges between 318 to 419. We therefore direct the Commission to place the updated data so that on the next date Court can take a call on GRAP IV measures.
In the meanwhile we direct the Commission to consider relaxation of action in terms of clause 5 and clause 8 (only in relation to educational institutions) as well as clause 11 of GRAP III measures. The Commission will have to consider relaxing these norms for various reasons including the following -
1. Some students are being deprived of facility of midday meal as the schools and Anganwadis are closed.
2. Large number of students do not have the facility of electronics for attending online education.
3. Residences of large number of students do not have air purifiers and therefore there may not be a difference between the children sitting at home and children attending the schools.
Appropriate decision shall be taken by the Commission immediately. Even if a copy of this order is not available learned ASG appearing for Commission to communicate the said order to the Commission.
We also leave it to the Commission to decide on continuation of ban on conducting physical classes of 10th and 12th standards.
Various aspects can be considered by the Commission. One can be granting relaxation of going to school to those schools and institutions that do not have facility of online education. The other can be of granting relaxation to those students who do not have facilities of online education at their respective residences.
We make it clear that we are leaving it to the Commission to decide to what extent the norms which are otherwise applicable in GRAP III and GRAP IV as of today can be either relaxed or exceptions can be carved out. The expected decision to be taken during the course of the day or latest by tomorrow morning so that it can be implemented from Wednesday. For issuing further directions list on Thursday at 3:30 p.m.
Order: now the question is whether stage 4 norms need relaxation. Unless the court is satisfied that there is a consistent downward trend of AQI, we cannot permit the Commission to go down to stage 3 or stage 2 pending further orders.
We direct all the states to use the funds which have been collected as labour cess for the welfare of construction workers to provide them subsistence for the period during which construction activities are prohibited. In substance all the states will comply with direction issued in terms of clause two of order dated 24 November 2021 relating to payment of requisite amount of subsistence allowance. Action shall be taken immediately by the state governments.
Order: we commend the 13 members of the bar who are appointed as Commissioners for the work which they have done. Their appointment as Commissioner will continue and they will have to continue their visits to various entry points and keep on submitting the reports to the court.
It is apparent that the authorities which are mentioned against item numbers 1, 2 and 3 of stage 4 of GRAP have made no earnest effort to implement the action in terms of clauses 1 - 3. Some police teams were deputed at a few entry points that also without any specific instruction. In fact the report of the court commissioner indicates that at most of the entry points the police were posted pursuant to the order of this court dated 23rd November. There is a serious lapse on the authorities mentioned against clauses 1 - 3. We therefore direct the Commission to immediately initiate action in terms of section 14 of the CAQM Act.
Guruswamy: there is no member from the education sector in the CAQM but they can still regulate the education sector.
Amicus: there are many children who would have a problem with reopening. Maybe they have respiratory problems and the parents are not in playing etc. if there is a option of hybrid classes so those children maybe permitted to join virtually they have the infrastructure
Senior Advocate Menaka Guruswamy: for primary school 56% of Delhi's reliant on those schemes. There are children under either RTE or go to government schools. 20 lakh government school children, 6.5 lakh RTE students. They go to the school, access the infrastructure, they get access to air purifiers and have that mid day meal.
J Oka: what we propose to do is as far as education is concerned....
Sankarnarayanan: the impact of sending several students via public transport private transport etc is something to be considered. If all of us will not make sacrifices the situation will not improve.
Counsel mentions application with regards to daily wagers.
Counsel: lord ships had passed in order directing NCR States to release some money to the workers while they are out of work. I am only requesting that this may be considered now.
Amicus: I support this, lord ships have been concerned about daily wagers.
J Oka: what we are suggesting is this. Get the figures approved, day after tomorrow then we will see what was the trend last two days etc. Any measures in terms of clauses 5 and 8 related to educational institutions so those can be relaxed day after tomorrow. Everything else can be continued.