GRAP-IV anti-pollution curbs to stay until further orders: Supreme Court to Delhi

The Supreme Court on Monday strongly reprimanded the Delhi government and the central commission CAQM for the delay in implementing the Graded Response Action Plan (GRAP) in the national capital, where the air quality has reached the ‘severe plus’ category. The top court ordered that the Stage 4 restrictions under GRAP will remain in place until further instructions from the court.
A bench comprising Justices Abhay S Oka and Augustine George Masih is hearing a petition seeking directions to curb air pollution in Delhi and adjoining areas.
As the hearing began, the top court asked the Delhi government about the measures taken to deal with the air pollution crisis. The bench said, “We are making it clear. You will not go below Stage 4 (of GRAP) without the permission of this court”.
“Even if the AQI goes below 400, you will continue with Stage 4 measures. That’s the order we propose to pass,” the court affirmed.
The bench asked the Commission for Air Quality Management (CAQM) when the GRAP mechanism was invoked in the city. It replied that Grade 3 measures were invoked when the pollution levels reached 400.
“It is invoked when the AQI level is between 300-400. We monitor for 2-3 days and then invoke,” the commission said.
To this, the Supreme Court said, “That’s a lapse on your part! How can you delay? If the AQI level reaches beyond 300, you invoke Grade 3 measures! Why delay 3 days?”
“The moment it reaches 300 to 400 GRAP has to be invoked. How can you take risk in such matters of delaying the applicability of GRAP?,” justice Okha asked.
When the counsel representing the CAQM, under the Union Ministry of Environment, informed the court that they expected air pollution levels to decrease, Justice Oka responded, “Can you afford to take such chances?”
“In a lighter vein, can anybody rely on the IMD (India Matheological Department)?,” the judge asked.
The top court will continue hearing the matter later today.
On Monday, the Air Quality Index in Delhi surged to 486, marking the worst level of the season and remaining in the severe plus category for the second consecutive day.
The Supreme Court has been addressing complaints over worsening air pollution in Delhi, attributed to various sources such as stubble burning, firecrackers, vehicular emissions, garbage burning, and industrial pollution, among others.
In November, the court strongly criticised the Delhi Police and the government for failing to effectively enforce the firecracker ban in the city. Emphasising that no religion advocates pollution-causing practices, the court underscored that every citizen has a fundamental right to a pollution-free environment under Article 21 of the Constitution.
The court also censured the Punjab and Haryana governments for not complying with the orders of the central commission regarding the ban on stubble burning. It noted that these states had failed to take action against officials who disregarded the directives, opting instead to issue mere show-cause notices.