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Synopsis

While noting 'shocking' details in the report submitted by court commissions, the Supreme Court of India today 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.

"Very shocking things are revealed by All four reports filed by the court commissioners. We find that there is a complete lack of coordination among stakeholders like MCD, Delhi Police, the Delhi government, and the Pollution Control Committee. It is the commission's responsibility to coordinate the activities of all these entities to ensure that measures are implemented, "the Justices Abhay S. Oka led bench said.

Top Court's bench, also comprising Justice AG Masih, 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.

In addition to this, the court was also told court commissioners were subjected to threats. It has accordingly directed the Delhi Police to ensure that court commissioners were being adequately protected.

On the issue of entry points, the court directed that all entry points must be manned, adding that the Delhi Police should ensure adequate personnel are deployed wherever needed. It also emphasised that the commission must coordinate the efforts of all agencies to ensure adequate manpower is deputed at the entry points.

Furthermore, the court also observed that none of the NCR states had complied with the court's previous order regarding the payment of subsistence allowances to construction workers. "We make it clear that unless substantial compliance with actual payment of amounts to the construction workers is reported we will have to consider initiating action against the contempt of courts act against erring officers", it added.

During the last hearing, 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