Delhi Air Pollution : Supreme Court Allows GRAP-IV Restrictions To Be Relaxed Upto GRAP-II

The Supreme Court on Thursday (December 5) allowed the Commission for Air Quality Management (CAQM) to reduce the Graded Response Action Plan (GRAP) Stage-IV restrictions in Delhi to GRAP-Stage II in view of the betterment in the Air Quality Index (AQI).

The Court advised the CAQM to also consider adding certain measures under GRAP-Stage III. If the AQI crosses 350, GRAP-III should be imposed and if it crosses 400, GRAP-IV must be imposed, the Court said.

A bench comprising Justice Abhay S Oka and Justice Augustine George Masih took note of the submission of Additional Solicitor General Aishwarya Bhati that the average AQI levels have been below the 300 mark since November 30.

The bench observed in the order :

"Up to November 30, the AQI levels were consistently above 300 and it is only during the last four days that the levels have come down below 300. It is true that at some stage the Court will have to leave it to the Commission to decide the applicability of stages under GRAP. Considering the data before us, we do not think it will be appropriate at this stage to allow the Commission to go below Stage 2. So we permit the Commission to go to stage 2 for the present. It will be appropriate if the Commission may consider incorporating certain additional measures which are part of Stage 3. While we permit the Commission to do so, we must record here that if the Commission finds that the AQI goes above 350. As a precautionary measure, Stage 3 measures will have to be immediately implemented. If AQI crosses 400 on a given day, Stage IV measures will have to be re-introduced."

The Court will take up the matter next Thursday for further monitoring.

Additional Solicitor General of India Aishwarya Bhati submitted that as per the latest AQI figures, GRAP measures can be relaxed. "There is a clear downward trend (in the AQI) but it is thanks to the meteorological conditions. As of yesterday's reading, we are out of the GRAP." ASG submitted. She said that GRAP-4 measures are "very disruptive" for normal life. ASG submitted that even GRAP-1 need not be imposed given the present situation.

Senior Advocate Aparajita Singh, the amicus curiae in the matter, supported the request for GRAP-IV relaxation, however, stressed the need for constant monitoring.

On Monday, the Court had observed that it would allow the relaxation of GRAP-4 restrictions only after seeing a consistent downward trend in the Air Quality Index (AQI). Further, the Court took serious exception to the Delhi Police not ensuring the safety of Advocates who were deputed as Court Commissioners to check the ban on entry of trucks to Delhi.

Today, the Supreme Court directed the Delhi government to pay court commissioners remuneration equivalent to Panel B counsels as fixed by the Union of India. It was noted that the Delhi Pollution Control Committee, while issuing show-cause notices for GRAP violations, had included the names of court commissioners. The Court ordered that authorities taking action under GRAP must not name the court commissioners in such notices.

"We are informed that while issuing show cause notices to those who have violated GRAP norms the Delhi Pollution control Committee has named the Court Commissioners appointed by the court. None of the authorities who are taking action for violation of GRAP norms shall incorporate the names of Court Commissioners."

The Court continued the appointment of court commissioners as long as GRAP measures remain in force and permitted them to submit reports in line with earlier orders. "All orders passed earlier regarding giving them protection will continue to operate", the Court held.