Delhi Air Pollution | GRAP-IV Restrictions To Continue In NCR Even If AQI Falls Below 450 : Supreme Court
Amisha Shrivastava
18 Nov 2024 3:45 PM IST
Addressing the deteriorating air quality in the Delhi-National Capital Region, the Supreme Court on Monday (November 18) directed that the implementation of the Graded Response Action Plan Statge IV (GRAP-IV) should continue even if the Air Quality Index (AQI) of Delhi improves and falls below 450 till further orders.
The Court also expressed dissatisfaction with the Commission for Air Quality Management (CAQM) for waiting for the air quality index to breach the threshold to enforce the GRAP-3 and GRAP-4 protocols.
Though the AQI crossed 400 on November 12, GRAP-3 was implemented only from November 14. GRAP-4 was enforced only with effect from today (November 18) though the AQI crossed 450 yesterday. The Court observed that as per its previous directions, the CAQM was supposed to take preventive measures instead of waiting for the air quality to worsen.
"The approach adopted by the commission seems to be that they have decided to wait for improvement of AQI and therefore implementation of stage 3 and stage 4 was delayed. This is completely a wrong approach. Even in anticipation of AQI decreasing the threshold limit it is the duty of the commission to start implementation of GRAP III or GRAP IV as the case maybe. The commission cannot wait for improvement of AQI." observed the bench comprising Justice Abhay S Oka and Justice Augustine George Masih.
"We make it clear that till further orders are passed by this court implementation of stage 4 will continue even if AQI level drops below 450," the Court added.
As per the GRAP, the CAQM issues various restrictions on activities and vehicle usage in Delhi-NCR to tackle air pollution. Restrictions under Stages I and II are imposed when the air quality is poor. When the air quality becomes severe, Stage III and Stage IV restrictions are imposed.
The Court directed all governments of the NCR area to strictly implement stage IV of GRAP. All states should constitute immediately teams for monitoring actions which are required under Stage IV.
The Delhi Government and other Governments of NCR were directed to set up a grievance redressal mechanism to report violations of the GRAP. CAQM has to look into complaints immediately.
The Court also directed all NCR states to immediately take a call on suspending physical classes for students up to Class 12. The CAQM was directed to take stringent steps so as to not leave any discretion to the State authorities.
"Needless to add that it is the constitutional obligation of the central government and state governments to ensure the citizens live in a pollution free atmosphere. Therefore in addition to the actions which are proposed under stage three and stage 4, all possible actions shall be taken at the level of these governments to ensure that the AQI is brought down," the bench observed in the order.
The Court passed the order after hearing the submissions of Senior Advocate Gopal Sankaranarayanan, Senior Advocate Aparajita Singh (amicus curiae) and Additional Solicitor General Archana (for CAQM). Live updates posted from the hearing can be followed here.
The matter will be considered next Friday for compliance.
The Court will also consider the issue as to which agency's data should be regarded as the official AQI figure.
Also from today's hearing - Get Data From Stationary Satellites On Farm Fires Instead Of Polar Orbiting Ones : Supreme Court Directs Centre
On Friday, Senior Advocate Aparajita Singh, acting as amicus curiae mentioned the matter raising concerns over worsening air quality, noting that Delhi has once again reached a “severe” pollution level.
Singh said that the Court has previously permitted pre-emptive actions to prevent such high pollution levels, but no action has been taken by the authorities.
The Court has been dealing with air pollution by various sources such as stubble burning, firecrackers, vehicular pollution, garbage burning, industrial pollution etc. So far, orders have been passed regarding stubble burning and firecrackers, with the other issues to be considered in the coming days.
The Court has earlier expressed dissatisfaction over the enforcement of a firecracker ban in Delhi. On November 11, the Court, emphasizing that no religion endorses pollution-generating practices, observed that every citizen has a fundamental right to a pollution-free environment under Article 21 of the Constitution. The bench criticised the Delhi Police for not taking the Delhi Government's October 14 ban on firecrackers seriously.
Additionally, the Court has been dealing with the issue of air pollution Delhi from stubble burning in the states of Punjab and Haryana, and non-compliance of CAQM orders on ban on stubble burning. The Court has noted that the states had failed to prosecute officials who had disregarded CAQM's directives, instead merely issuing show-cause notices. The Court, citing Section 14 of the CAQM Act, urged that the district magistrates in these states initiate prosecutions for violations.
The Court had also questioned the effectiveness of the Environment Protection Act (EPA), 1986, as amended by the Jan Vishwas Act in 2023, which replaced punitive actions with penalties, leading to the act becoming “toothless” due to centre's inaction in creating an enforcement mechanism. Subsequently, the Court directed states to begin imposing penalties under Section 15 of the Environment Protection Act, after being informed about the appointment of adjudicating officers for enforcing the provision.
On stubble burning, the Supreme Court directed Punjab and Haryana to address farmers' grievances related to inadequate machinery for stubble management. The Court has emphasized that Section 15 of the CAQM Act mandates the Commission to impose environmental compensation on those responsible for air pollution, especially as penal provisions do not apply to farmers.
Further, the Court has held that stubble burning infringes citizens' fundamental right to a pollution-free environment. Criticizing the limited actions against violators, the Court observed that nominal fines have failed to curb stubble burning and that there appears to be political reluctance to take strict action against farmers.
The Court will hear the issue of pollution caused by vehicles on November 25, 2024. The issue of the Court's directions regarding color-coded vehicle stickers is set for further consideration on January 3, 2025.
Case no. – WP (C) 13029/1985
Case Title – MC Mehta v. Union of India
