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Synopsis

As Delhi NCR grapples with a deteriorating AQI, the Supreme Court of India today 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 bench comprising Justice Abhay S Oka and Justice Augustine George Masih 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."

Noting that the approach adopted by CAQM to wait for the AQI to improve caused delays in the implementation of GRAP Stages 3 and 4 court expressed its dissatisfaction and said, "The approach adopted by the commission seems to be that it waited for AQI to improve and therefore the implementation of stage 3 and stage 4 was delayed. It is a completely wrong approach by the commission. The commission cannot wait for the improvement of AQI."

Court has accordingly directed all states to immediately constitute teams to monitor compliance with the actions required under GRAP Stage 4. It also directed the government of Delhi and other governments to create grievance redressal mechanisms to report violations of stage 4.

Furthermore, the court ordered both state and central governments to file compliance affidavits by Thursday. It also directed all NCR states to immediately suspend physical classes for students up to Class 12 and mandated the CAQM to enforce more stringent actions under Stages 3 and 4 of GRAP.

Recently, 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.

Supreme Court had also refused to interfere with the blanket ban imposed by it on the production and sale of firecrackers including green crackers in the Delhi NCR region. The court had further told the Delhi Police that filing cases against people who burn firecrackers may not help in curbing the sale of firecrackers.

Earlier, the apex Court had reiterated the directions issued by the Supreme Court, including banning the use of Barium Salts in the firecrackers and manufacturing and selling joined firecrackers and other directions issued by the Court.

In addition to this, the bench had said, "We are not against any community we want full implementation of orders. We are not against the festivals but we cannot play with the right to life of others."

Case Title: MC Mehta vs. Union of India