Dehi Air Pollution | Supreme Court Directs NCR States To Form Teams For Monitoring GRAP Compliance

The Supreme Court on Thursday (December 19) directed NCR states to form multiple teams of officials to monitor compliance with measures of the Graded Response Action Plan (GRAP), imposed due to the worsening air quality in Delhi-NCR.

A bench of Justice Abhay S Oka and Justice Augustine George Masih directed the states to constitute multiple teams comprising officials of the police, revenue, and other departments to visit entry points to Delhi and generally monitor compliance with GRAP IV measures. It added –

“Considering the magnitude of the task, all NCR states shall create multiple teams. We also make it clear that the members of the teams so constituted will work as officers of this court and not officers of any government. So long as GRAP III and GRAP IV measures are in force, they shall regularly submit reports regarding compliance as well as breaches to the respective governments and stakeholders and give copies to the CAQM so that immediate action can be taken.”

The Court said that the member of the teams would oversee compliance at entry points of Delhi and within NCR regions and would act as commissioners of the Court.

“As the members of the teams constituted by this court will act as officers of this court, it is obvious that the report submitted by them shall be dealt with by all authorities with seriousness which it deserves.”

Noting the upcoming year-end vacation as well as direction to NCR states to constitute teams, the Court relieved the 13 advocates appointed earlier as court commissioners to monitor GRAP Stage IV compliance. The bench expressed appreciation for their work, and said that their appointment was an ad hoc measure necessitated by the situation.

Reimposition of GRAP Stage IV

Additional Solicitor General Aishwarya Bhati submitted a report indicating a significant rise in the Air Quality Index prompting the Commission for Air Quality Management (CAQM) to reimpose GRAP Stage IV measures.

The Court left the discretion to the CAQM to permit activities as provided in clause (i) of the Court's November 24, 2021 order which allowed non-polluting activities relating to construction such as the plumbing work, interior decoration, electrical work and carpentry.

The Court reiterated it earlier directions from the December 5, 2024 order that Stage-III measures be reintroduced if AQI exceeds 350 and Stage-IV measures reinstated if AQI surpasses 400.

Subsistence Allowance for Affected Workers

Addressing the subsistence allowance for workers impacted by GRAP Stage IV measures, the Court reiterated its earlier orders directing NCR states to provide financial support to affected workers. It directed the states to identify eligible workers without relying on technicalities such as portal registration.

The Court warned:

“We direct all the states to ascertain which are the workers who are affected by GRAP 4. While doing so they should not rely upon the technicality of registration on the portal. We make it clear that if we do not find satisfactory compliance with directions issued regarding extending the benefit of subsistence allowance to all workers, we will initiate action under the Contempt of Courts Act, 1971, against the state governments. The state governments shall file a response by the 5th of January.”

Background

The Supreme Court has been monitoring Delhi-NCR's air pollution under the MC Mehta case. On November 22, it had expressed dissatisfaction with GRAP Stage IV enforcement, particularly at Delhi's 113 entry points. While 13 major entry points were manned, nearly 100 were left unmonitored, allowing the entry of restricted vehicles.

Following this, the Court appointed 13 members of the Bar as commissioners to inspect entry points and verify compliance. The advocates were directed to file reports and work with Delhi Police to address lapses. The Court on December 5 order permitted the relaxation of GRAP Stage-IV restrictions to Stage-II due to an improvement in AQI levels.

On December 12, the Supreme Court approved the CAQM's proposal to retain GRAP Stage-II restrictions while incorporating certain Stage-III measures, such as intensified road sweeping, water sprinkling, enhanced public transport, and restricting entry of interstate buses to only EVs, CNG, or BS-VI diesel vehicles. However, on December 16, GRAP IV had to be reimposed after the AQI which crossed 401.

The Supreme Court has been monitoring the payment of subsistence allowances to construction workers affected by GRAP-IV restrictions from November 18 to December 5. On December 2, the Court summoned the Chief Secretaries of NCR states for failing to ensure timely payments. Thereafter, Delhi reported paying Rs. 8,000 each to 90,000 workers and processing an additional 20,000 registrations for eligible workers. The bench directed all NCR states to ascertain the actual number of affected workers and ensure payments.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India