The Supreme Court on Monday sharply criticised the Delhi government and the Central Commission for Air Quality Management (CAQM) for their delay in enforcing the Graded Response Action Plan (Grap) in Delhi, where the air quality has deteriorated to the ‘severe plus’ category. The apex court directed that the Stage IV restrictions under Grap will remain in effect until further notice from the court.
A bench of Justices Abhay S Oka and Augustine George Masih were hearing a petition urging action to mitigate air pollution in Delhi and its surrounding areas.
At the start of the proceedings, the apex court inquired about the actions taken by the Delhi government to address the air quality crisis. The bench stated, “We are making it clear. You will not go below Stage IV (of Grap) without the permission of this court.”
The top court further said, “Even if the AQI goes below 400, you will continue with Stage IV measures. That’s the order we propose to pass.”
The bench also asked the CAQM when the Grap mechanism had been activated in the city. The CAQM responded that Grade 3 measures had been initiated when pollution levels reached an AQI of 400.
“It is invoked when the AQI level is between 300-400. We monitor for 2-3 days and then invoke,” the commission explained.
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The Supreme Court further said, ‘That’s a lapse on your part! How can you delay? If the AQI level reaches beyond 300, you invoke Grade III measures! Why delay three days?”
Justice Oka also questioned, “The moment it reaches 300 to 400, Grap has to be invoked. How can you take risks in such matters of delaying the applicability of Grap?”
When the CAQM counsel, representing the Union Ministry of Environment, told the court that they expected pollution levels to decrease, Justice Oka replied, “Can you afford to take such chances?”
The Supreme Court will resume hearing the case later today.
Delhi’s Air Quality Index at 481
On Monday, the Air Quality Index (AQI) in Delhi spiked to 481, marking the worst level of the season and remaining in the ‘severe plus’ category for the second consecutive day.
The court has been addressing concerns about worsening air pollution in Delhi, caused by factors such as stubble burning, firecrackers, vehicular emissions, garbage burning, and industrial pollution.
Earlier in November, the Court criticised the Delhi Police and the government for their failure to enforce the firecracker ban effectively. Stressing that no religion promotes pollution-causing actions, the top court highlighted that every citizen has a constitutional right to a pollution-free environment under Article 21.
The court also reprimanded the governments of Punjab and Haryana for not complying with the central commission's orders regarding the stubble burning ban. It noted that these states had not taken action against officials ignoring the directives and had only issued show-cause notices instead.