Additional Solicitor General (ASG) Aishwarya Bhati defended the government’s efforts, noting that the Commission for Air Quality Management (CAQM) had directed neighboring states to manage traffic heading towards Delhi.
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NEW DELHI: The Supreme Court, in today’s hearing (28th Nov), expressed strong dissatisfaction with the ongoing non-compliance of anti-pollution measures under the Graded Response Action Plan (GRAP) Stage 4 in Delhi.
A bench consisting of Justice Abhay S Oka and Augustine George Masih hearing the matter.
During the proceedings, Justice Oka pointedly remarked on the lack of progress by the authorities.
“After reviewing the initial report submitted, it was evident that the police had done almost nothing, calling it a complete failure,” he stated.
This criticism followed reports of ongoing construction, industrial emissions, and waste burning, despite clear prohibitions under GRAP IV.
The Court emphasized that all GRAP IV measures, except those concerning schools, must remain in effect until Monday.
Additional Solicitor General (ASG) Aishwarya Bhati defended the government’s efforts, noting that the Commission for Air Quality Management (CAQM) had directed neighboring states to manage traffic heading towards Delhi.
She also emphasized the importance of ongoing AQI data monitoring:
“Comprehensive AQI data for Delhi has been shared since 2018. The city’s AQI levels will play a critical role in shaping GRAP implementation measures.”
Justice Oka, however, demanded more concrete steps, particularly addressing stubble burning incidents in neighboring states.
“We need to know from both states the number of crop burning incidents reported,” he insisted. Bhati responded, “We’ve already provided the data,” presenting figures ranging from 15 to 50 cases per day in Punjab over the past five days.
The court also raised concerns about the data collection process. Justice Oka stressed,
“Data on stubble burning should be available 24/7. It’s well-known that certain periods see more data collection to prevent burning. The real solution lies in addressing the root cause.”
Bhati assured the bench of ongoing efforts, mentioning,
“ISRO is currently developing the protocol. Although one of the satellites didn’t succeed, ISRO is one of the top space agencies globally, and they are actively working on it.”
On the topic of mitigating measures, Justice Oka questioned the delay in payments to daily wage workers.
“What about the mitigating measures? Has the payment been made to the daily wage workers?” he asked.The Amicus curiae responded,
“Your Lordships may consider providing a time-bound schedule. The amount has not been finalized, and relief is yet to be provided.”
The discussion also highlighted ongoing construction and industrial violations.
“Construction activities continue across Delhi. Factories are operational, and waste is being burned,” noted a counsel, citing a report from the court commissioners. The report pointed out the absence of CCTV cameras at crucial borders and lack of regulatory teams.
Justice Oka concluded with a call for accountability
“A logical conclusion must be reached. Action should be taken against those responsible for the areas identified in the specific cases.”
Earlier, the Court instructed the CAQM to consider easing restrictions on physical classes in schools under GRAP IV measures. Additionally, the Court directed the CAQM to take action against authorities that failed to enforce the truck entry ban in Delhi.
On November 25, the Court had directed the Commission for Air Quality Management (CAQM) to reassess the decision to close schools in the National Capital Region, particularly for classes 10 to 12. Following this, the Commission instructed states to permit hybrid classes.
Additionally, the Court addressed a news report indicating that stubble burning was allegedly allowed after 4 PM. The Court urged the Punjab authorities to investigate and act if the report proved accurate.
“We reviewed an India Today report suggesting that land revenue officers are advising farmers to burn stubble after 4 PM. If true, this is a clear violation. State authorities must not endorse such practices, and the Punjab government should immediately instruct all officers to refrain from this,”
the Court stated.
Delhi’s air quality remains in the‘very poor’ category, with an Air Quality Index (AQI) of 303 recorded at 6 am today (Nov 28), according to the Central Pollution Control Board (CPCB). This follows a temporary drop to the ‘poor’ category on Tuesday.
Key areas like Mundka and Anand Vihar reported AQI levels exceeding 350. The city is facing low visibility and a persistent smog layer, particularly near landmarks such as India Gate. Schools are operating in hybrid mode to minimize children’s exposure, as PM2.5 and PM10 levels pose significant health risks.
Air quality remains a major concern, with several locations across the city reporting ‘very poor’ conditions and fluctuating pollution levels. As of 8:30 am today, the CPCB recorded the following AQI levels: ITO at 291, Chandni Chowk at 308, Major Dhyan Chand National Stadium at 299, Patparganj at 330, Mandir Marg at 297, Lodhi Road at 255, and Anand Vihar at 362.
AQI Levels and Health Implications
The Air Quality Index (AQI) measures pollution levels. AQI values between 0 and 50 are considered ‘good,’ with minimal health risks, while values from 51 to 100 are ‘satisfactory,’ indicating minor pollution with negligible effects. AQI levels between 101 and 200 are classified as ‘moderate,’ which may cause discomfort for sensitive individuals, including those with respiratory conditions.
Levels from 201 to 300 are deemed ‘poor,’ potentially impacting vulnerable groups such as children and the elderly. ‘Very poor’ air quality, with AQI values between 301 and 400, presents significant health risks, especially for individuals with pre-existing conditions. AQI values between 401 and 450 fall under the ‘severe’ category, which can cause respiratory distress in a larger population.
Anything above 450 is categorized as ‘severe plus,’ indicating extremely hazardous conditions with serious health consequences for everyone. Understanding these levels is crucial for taking appropriate precautions during periods of high pollution.
Case Title: MC Mehta v. Union of India
