Delhi Air Pollution | GRAP-IV Restrictions To Continue In NCR Even If AQI Falls Below 450 : Supreme Court

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.