As Air Quality Index (AQI) showed consistent improvement for the fourth consecutive day, the Supreme Court on Thursday allowed the Commission for Air Quality Management (CAQM) to relax the stringent Graded Response Action Plan (GRAP) – IV curbs to GRAP-II to deal with air pollution in the national capital region.
“Considering the data before us, we do not think it will be appropriate at this stage to allow the Commission to go below Stage II. So we permit the Commission to go to stage II for the present. It will be appropriate if the Commission may consider incorporating certain additional measures which are part of Stage III,” a Bench led by Justice AS Oka ordered.
“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 III measures will have to be immediately implemented. If AQI crosses 400 on a given day, Stage IV measures will have to be re-introduced,” said the Bench – which also included Justice AG Masih.
The Bench took note of the fact that the AQI level in NCR did not cross 300 in the last four days. In Delhi, the 24-hour average AQI stood at 165 at 4 pm on Thursday — an improvement of 13 points over the previous day.
The GRAP is a set of anti-air pollution measures followed in the capital and its vicinity according to the severity of the situation. It classifies the air quality in the Delhi-NCR under four different stages: Stage 1 – ‘poor’ (AQI 201-300), Stage 2 – ‘very poor’ (AQI 301-400), Stage 3 – ‘severe’ (AQI 401-450) and Stage 4 – ‘severe plus’ (AQI above 450).
The CAQM had on November 17 announced imposition of stricter pollution control measures in Delhi-NCR under GRAP-IV, effective from 8 am on November 18. This included a ban on truck entry and a temporary halt on construction at public projects, except for those carrying essential items or using clean fuel (LNG/CNG/BS-VI diesel/electric). Non-essential light commercial vehicles registered outside Delhi were prohibited, except for EVs and CNG and BS-VI diesel ones.
The relaxation order on Thursday came after Additional Solicitor General Aishwaraya Bhati submitted that GRAP-IV restrictions could be relaxed in view of the improved AQI.
“Lordships may look holistically at how Delhi air behaves during November-December. Our meteorological conditions do not allow European or Finland-like conditions unfortunately, my lords. Let us operate the GRAP schedule as per AQI. It is now predicted that it won’t go beyond Stage II,” the ASG told the Bench during a hearing on air pollution issues in Delhi-NCR.
Amicus curiae Aparajita Singh said the court could relax the GRAP IV curbs even as she raised the issue of open garbage burning still happening in Delhi. However, she said it needed constant monitoring.
The Bench sought data on garbage burning in the NCR. As the ASG said there was no mechanism for it, the Bench said, “You (government) should develop a mechanism to track both farm and garbage fires. You can take the help of ISRO, else there is no control of these activities. We want to enter into a wider area also on why there is much variance (in AQI) in Delhi, on why at one place it is very high, elsewhere low.”
It said court commissioners appointed by it would continue to do monitoring and submit reports as long as GRAP measures remained in force.
As some of the court commissioners complained of threat, the top court had on Monday directed the Delhi Police to provide armed protection to those who wished to continue as court commissioners to monitor implementation of GRAP measures.
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