LawChakra

[Delhi Air Quality] “GRAP IV Should Remain in Force Even If AQI Improves, You Won’t Go Below Stage 4 Without Our Permission”: Supreme Court

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Today, On 18th November, The Supreme Court ordered the Delhi government to continue implementing Stage 4 anti-pollution measures under the GRAP (Graded Response Action Plan) until further notice. The court criticized the central air quality commission for delaying the enforcement of these measures despite alarming pollution levels. It emphasized the urgency of addressing the deteriorating air quality in Delhi.

New Delhi: The Supreme Court indicated its intention to issue an order aimed at addressing the declining air quality in Delhi. The court is considering maintaining the Graded Response Action Plan IV (GRAP IV) in effect even if the air quality index (AQI) improves and drops below 300.

GRAP IV is typically activated when the AQI exceeds 450 and includes a complete ban on construction activities, school closures, and the implementation of an odd-even vehicle scheme.

The bench, comprising Justice A.S. Oka and Justice Augustine George Masih, stated,

“We are making it very clear that you will not go below stage 4 without our permission, even if the AQI goes below 300. That is the order we are proposing.”

The case set for further consideration later today.

The bench was reviewing a plea for the enforcement of measures to improve the ‘severe’ AQI. Currently, GRAP IV is in effect in the national capital after the Commission for Air Quality Management (CAQM) activated it in response to worsening air quality.

Under GRAP IV, the entry of trucks into Delhi, except for those transporting essential goods or providing essential services, is prohibited. Meanwhile, LNG, CNG, electric, and BS-VI diesel trucks are allowed entry into the city.

Additionally, light commercial vehicles registered outside Delhi, other than electric, CNG, or BS-VI diesel vehicles, cannot enter unless they are carrying essential commodities or providing essential services.

Earlier in the week, the court had asserted that living in a pollution-free environment is a fundamental right under Article 21 of the Constitution and suggested a permanent ban on firecrackers in Delhi. The court also criticized Punjab and Haryana for failing to prosecute farmers and officials responsible for the burning of paddy stubble, a significant contributor to winter pollution in Delhi.

In previous hearings, the Supreme Court asked the Delhi government to report on measures taken to curb pollution from various sources, identifying key pollutants such as vehicular emissions, open burning of waste, heavy truck entry, and industrial pollution. Thirteen hotspots in Delhi have been identified where PM10 and PM2.5 levels exceed critical thresholds.

A clean action plan addressing these hotspots was developed by the Delhi government in 2019, but tangible improvements have been minimal.

Previous Hearings on Delhi Air Pollution

On November 14, the Supreme Court agreed to urgently hear the plea following senior advocate Aparajita Singh’s request, citing the need to address Delhi’s deteriorating air quality. The court noted the city’s risk of becoming one of the most polluted globally and directed the Commission for Air Quality Management (CAQM) to detail its actions.

In a prior session on November 11, the court took a strong stance against violations of its firecracker ban during Diwali, observing that no religion advocates pollution-causing activities. It urged the Delhi government to consider extending the firecracker ban year-round within two weeks. Stressing citizens’ constitutional right to a pollution-free environment under Article 21, the bench called for decisive actions to protect public health.

Read Previous Reports On Delhi Air Quality

Case Title: MC Mehta v. Union of India





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