Delhi Air Pollution | Supreme Court Directs GRAP Stage-II With Certain GRAP-III Measures In Delhi

The Supreme Court on Thursday (December 12) directed the Commission for Air Quality Management (CAQM) to continue the Graded Response Action Plan (GRAP) Stage-II restrictions in Delhi along with certain measures from GRAP III such as water sprinkling, mechanized road sweeping, enhancing public transport and restricting entry of interstate buses.

A bench of Justice Abhay S. Oka and Justice Augustine George Masih allowed the CAQM's proposal to implement GRAP Stage-III measures within Stage-II to takle air pollution. The Court issued an order stating that the directions in its previous order dated December 5, 2024, would remain in effect until further orders.

“Regarding applicability of stages of GRAP, directions contained in paragraphs 8 and 9 of our last order dated 5th December will continue till further orders. We approve the recommendations of the subcommittee which are mentioned in the note submitted by CAQM on 11th of December 2024. The Commission will now proceed to implement the modified GRAP”, the order stated.

On December 5, the Court reviewed AQI data from November 18 to December 4, 2024. It noted that until November 30, AQI levels were consistently above 300 but had dropped below 300 in the subsequent four days.

The Court had allowed the relaxation of GRAP Stage-IV restrictions to Stage-II but emphasized further monitoring. It directed that Stage-III measures must be reintroduced if AQI exceeds 350, and Stage-IV measures reinstated if AQI surpasses 400 on any given day. This order is to continue till further orders.

During the hearing today, Additional Solicitor General Aishwarya Bhati, representing the CAQM, submitted a note detailing recommendations aimed at mitigating pollution. The proposed measures included:

1. Further intensify the frequency of mechanised sweeping of roads.
2. Ensure daily water sprinkling along with dust suppressants, before peak traffic hours, on roads and right of ways including hotspots. heavy traffic corridors and ensure proper disposal of the collected dust in designated sites/ landfills.
3. Further intensify public transport services. Introduce differential rates to encourage off-peak travel.
4. Do not permit Inter-State buses from NCR states other than EVş/CNG/BS-VI diesel, to enter Delhi (excluding buses /Tempo travellers operated with All India Tourist Permit).

During the hearing, the Court noted that the AQI is still fluctuating. Bhati emphasised that the reduction if AQI is primarily due to favourable metrological conditions. She said that the Commission was not seeking to go below GRAP Stage-II at this stage.

Amicus curiae Aparajita Singh argued for a proactive approach, stating that authorities should implement the next stage of GRAP before AQI thresholds are breached, instead of awaiting court orders.

“Crop burning has contributed majorly to it and when crop burning happens, Delhi is already polluted, and it tilts over. Now hopefully the weather gods are with us but as your lordships have already directed them that before we reach the threshold, they should impose the next stage rather than wait for court orders.”

On December 2, 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).

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India