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Synopsis

While directing the CAQM (Commission for Air Quality Management) to proceed with implementing the modified GRAP, Supreme Court of India reiterated that GRAP Stage II, along with certain additional measures from Stage III, will remain in place until further orders.

"The applicability of GRAP Stage IV, and the directions contained in paragraphs 8 and 9 of our last order dated December 5, will continue until further orders," the bench led by Justice Abhay S. Oka said.

The bench also comprising Justice Augustine George Masih has approved the recommendations of the sub-committee, which were mentioned in the note submitted by the CAQM.

When Justice Oka asked, "What is the status of GRAP?" ASG Aishwarya Bhati, appearing for the CAQM, submitted before the bench that they were not pressing for reducing the GRAP measures. In response, Justice Oka said, "We will take a call on this next Thursday."

ASG Aishwarya Bhati further added, ".....We have all seen the benefits of how it has gone, lordship... This year has been visibly different, an EYE OPENER, and it is on account of your lordship's orders." In a similar vein, Senior Advocate Aprajita Singh, the Amicus in the case also added that, "As an amicus for the last 10 years, and as an assistant to the amicus for the last 20 years, I can say that because of the complete implementation of Stage IV, we have seen a significant difference."

On December 5, while taking note of the downward trend in the Air Quality Index (AQI), the Supreme Court had allowed the relaxation of Graded Response Action Plan (GRAP) Stage IV measures to GRAP Stage II.  The court had also directed CAQM to incorporate certain additional measures from Stage III.  

During the last hearing, the Supreme Court had reiterated that Graded Response Action Plan (GRAP) IV will remain in effect in the Delhi NCR region until a consistent downward trend in the AQI is observed. ASG Aishwarya Bhati brought the court's attention to the 'downward trend in AQI levels'. Aligning with the said view, Amicus Senior Advocate Aparajita Singh also called for GRAP 4 relaxation while pressing for the need for implementation of measures.

On Monday, the Supreme Court pulled up the Delhi government for its inadequate implementation of GRAP IV measures. It further highlighted that the CAQM had outlined mitigating measures and decided to implement them. Accordingly, the court directed the commission to communicate these measures to all concerned authorities and to coordinate efforts to ensure their smooth implementation.

Earlier, the Supreme Court had made it clear that all GRAP-4 measures, except for the measures modified with respect to schools, will continue to operate until Monday. The court went through the compliance report submitted by the commission and remarked, "Hardly anything was done by the police. Complete failure." The court also highlighted that the authorities failed to stop the entry of trucks in the NCR region.

As the bench expressed dissatisfaction over the failure of authorities to implement GRAP 4 measures, it accordingly directed the CAQM to hold a meeting and provide suggestions regarding the transition from GRAP 4 to GRAP 3 or GRAP 2, adding that it is not necessary for all measures in GRAP 4 to be dispensed with. The court said there can be a combination of measures from GRAP 3 and GRAP 4.

Earlier it had refused to relax the Graded Response Action Plan (GRAP)-IV measures put in place to curb the worsening air quality. However, the court had directed the CAQM to reassess the restrictions placed on physical classes of schools, colleges, and educational institutions, which were suspended last week.

On 23 November, the Supreme Court had appointed 13 members of the Bar as court commissioners to visit the truck entry points and verify whether it was being enforced properly.

A week back, the Supreme Court had issued a circular advising all to ensure the wearing of masks and taking health measures as the air quality is worsening in the Delhi NCR region. Recently, the Supreme Court had directed all governments in the NCR region to strictly implement Stage 4 of the Graded Response Action Plan (GRAP).

While emphasising that the GRAP 4 will remain in force even if AQI drops below 400, the same bench had observed, "The learned amicus stated that AQI crossed 400 on 12 November. Instead of immediately invoking Stage 3, the Commission directed its implementation from 14 November. The same is the case with stage 4 which was implemented on November 17."

On 11 November, the court had expressed surprise over the delay in imposing the firecracker ban, noting that 'no religion promotes any activity that contributes to pollution or compromises the health of people."

The Supreme Court had while taking note of rampant stubble burning, upheld the right to a pollution-free environment while observing that 'stubble burning is not merely a violation of law but an infringement of the fundamental rights guaranteed under Article 21 of the Constitution.'

In November last year, the Supreme Court had pulled up the governments of Punjab, Rajasthan, Haryana, and UP, asking them to immediately stop stubble burning.

In reference to the worsening of the condition in Delhi NCR, the Supreme Court had remarked that a huge number of taxis were found on Delhi roads, with only one passenger onboard.

Case Title: MC Mehta vs. Union of India