New Delhi: Pulling up the Delhi government for the delay in implementing stricter anti-pollution measures, the Supreme Court Monday ordered the implementation of Graded Response Action Plan IV (GRAP IV) across all states in the National Capital Region until further orders, directing them to take an immediate call for suspension of physical classes for all students, including senior secondary ones.
Clarifying that the plan will remain in force, even if the Air Quality Index (AQI) subsequently improves, a bench of Justices Abhay S. Oka and Augustine George Masih said that it won’t allow the scaling down of preventive measures without its permission. “You will not go below stage IV without our permission now, even if AQI goes below 300. That is the order we are proposing.”
In the order, the two-judge bench also ruled, “The constitutional obligation of the Central Government and the State Governments is to ensure that the citizens live in a pollution-free atmosphere. Therefore, in addition to the actions proposed under Stages III and IV of the GRAP, all possible actions shall be taken at the level of the State Governments to ensure that the AQI is brought down.”
The court was dealing with a petition filed in connection with the worsening pollution in Delhi, which also sought to ascertain the causes behind the hazardous air pollution in Delhi-NCR, along with the action taken by authorities in states, like Delhi, Uttar Pradesh, Haryana and Punjab to reduce stubble burning, crop fires, open burning of solid waste, and various other measures to be undertaken for air quality management.
Last week, on 14 November, the bench had agreed to hear the matter after senior advocate Aparajita Singh requested the court to urgently hear the case in light of the declining air quality in Delhi.
“Since yesterday, we have been in ‘severe’ mode. Just to avoid this situation, this court has asked them to take preemptive action. They have not done anything. We should not become the most polluted city in the world,” the senior lawyer, appointed to assist the case in the air pollution matter, told the top court, according to Press Trust of India (PTI).
The court then listed the matter for further hearing on the same day post lunch.
Earlier, on 11 November, it had pulled up the authorities and asked them why they had failed to implement the firecracker ban in Delhi this Diwali. In doing so, it had also contemplated whether it should impose a permanent ban on fireworks.
Before this, in September, the court had lamented the CAQM’s failure to take adequate steps to curb pollution in the region. Following this, in October, it had noted the inadequate steps taken to halt stubble burning, while summoning the chief secretaries of the neighbouring states, Punjab and Haryana, before the court and directing them to take proper action on the issue.
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What is GRAP IV
After the AQI crossed the 450-mark, the Commission for Air Quality Management in the National Capital Region and Adjoining Areas had ordered the implementation of GRAP Stage-IV restrictions in Delhi NCR, effective 18 November, 8 am onwards.
First implemented in 2017, the GRAP is a set of anti-air pollution measures followed in the capital and its vicinity, according to the severity of the situation.
However, it was on 2 December, 2016, that the top court had ordered the roll-out of the GRAP for the first time in the M.C. Mehta case, which dealt with air quality in the capital region.
It classifies the air quality in the Delhi-NCR under four different stages: Stage I – ‘poor’ (AQI 201-300), Stage II – ‘very poor’ (AQI 301-400), Stage III – ‘severe’ (AQI 401-450) and Stage IV – ‘severe plus’ (AQI above 450).
However, GRAP IV is implemented, when the AQI exceeds 450 and entails a complete ban on construction activities, school closure and the odd-even scheme for vehicles.
The commission’s order also stated that no trucks will be allowed inside Delhi, barring those carrying essential items or using clean fuels (LNG/CNG/BS-VI diesel/electric). Non-essential light commercial vehicles registered outside Delhi will also be prohibited, except for EVs, CNG and BS-VI diesel ones.
The panel also said that Delhi-registered BS-IV or older diesel medium and heavy goods vehicles are banned, with the exception of those in essential services. Additionally, all construction activities, including highways, roads, flyovers, power lines, pipelines and other public projects, are to be suspended.
What court said this week
On Monday, when the matter was taken up by the two-judge bench, the court directed all governments of NCR to strictly enforce GRAP IV.
It added that the concerned states will immediately set up teams to monitor the actions, which are necessary under the action plan. Notably, it said that all states should take an immediate call to halt physical classes for all school classes.
During the proceedings, the court was also informed of construction activity within the apex court’s premises, following which, the court summoned the Secretary General of the Supreme Court.
Directing Delhi and the central government to take action concerning the necessary steps under GRAP IV, the court added that the authorities must place details of the same before it, prior to the next date of hearing in the case. Subsequently, the court listed the matter for hearing later this week on 22 November.
Saying that it would examine the compliance of its order later this week, the court said that it is the constitutional obligation of the states and the Centre to ensure that the situation returns to normal and citizens are able to breathe in a “pollution-free environment”.
In furtherance of the same, the court also directed the concerned state governments and the Centre to file their affidavits with regards to implementation of its order before the next hearing Friday.
“The Delhi government and other governments are directed to set up a grievance-redressal mechanism to report any violations. Meanwhile, the Commission for Air Quality Management (CAQM) will look into the complaints right away,” the court said, clarifying that the imposition of GRAP IV will continue until further orders, even if the AQI falls below 450.
The court also directed the commission to provide for “more stringent actions at Stages III and IV of the GRAP”, and “not to leave anything for the discretion of the Governments or the local authorities”.
Moreover, the bench pointed out that its October 29, 2018 order on air pollution control in Delhi NCR had not been complied with. “We find that the approach adopted by the sub-committee of CAQM of waiting for AQI to improve and delaying implementation of the GRAP IV norms as contrary to the 29 October, 2018 order, which directed preventive steps,” the court said.
The 2018 order
In October 2018, the Supreme Court had given three-fold directions to control air pollution in Delhi NCR, which were to be implemented with immediate effect.
Among these was a direction to the transport departments to announce that “all the diesel vehicles more than 10 years old and petrol vehicles more than 15 years old shall not ply in NCR”.
It had also directed the Central Pollution Control Board (CPCB) to create a social media account on which citizens could lodge their complaints directly.
Finally, it had said that the Environment Pollution (Prevention & Control) Authority was allowed to take preventive or “pre-emptive steps” under GRAP, without strictly adhering to the pollution stages given under the plan.
Under GRAP, there are four stages at which the CAQM can issue different restrictions on activities and plying of vehicles in the capital and the adjoining areas in NCR to curb air pollution. While restrictions under the first two stages are imposed when air quality is ‘poor’, restrictions under stages III and IV are imposed when it becomes ‘severe’.
(Edited by Mannat Chugh)
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