Supreme Court Today (Dec 5) said the emergency measures under Stage 4 of the Graded Response Action Plan (GRAP) dealing with air pollution in Delhi and neighbouring areas can be withdrawn in view of the downward trend noticed in the Air Quality Index or AQI level. The top court was hearing a matter over measures to curb air pollution in Delhi-NCR areas.
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NEW DELHI: The Supreme Court today allowed the withdrawal of Stage 4 measures under the Graded Response Action Plan (GRAP), which address severe air pollution levels in Delhi and neighboring regions, citing a downward trend in the Air Quality Index (AQI).
This decision came during a hearing on measures to tackle air pollution in Delhi-NCR areas.
Delhi’s air quality saw notable improvement, with the AQI settling at 161 in the ‘moderate’ category after persistent pollution over the past month.
To put AQI categories in perspective:
- 0–50: ‘Good’
- 51–100: ‘Satisfactory’
- 101–200: ‘Moderate’
- 201–300: ‘Poor’
- 301–400: ‘Very Poor’
- 401–500: ‘Severe’
A Bench of Justices Abhay S Oka and Augustine George Masih authorized transitioning from Stage 4 to Stage 2 of GRAP, while recommending the inclusion of some Stage 3 measures.
Court Observations on Air Quality Measures
The Court highlighted the recent improvement in AQI levels:
“Up to November 30, the AQI levels were consistently above 300, and it is only during the last four days that the levels have come down below 300. It is true that at some stage the Court will have to leave it to the Commission to decide the applicability of stages under GRAP.”
The Bench emphasized a cautious approach:
“Considering the data before us, we do not think it will be appropriate at this stage to allow the Commission to go below Stage 2. So we permit the Commission to go to Stage 2 for the present. It will be appropriate if the Commission may consider incorporating certain additional measures which are part of Stage 3.”
The Court added:
“While we permit the Commission to do so, we must record here that if the Commission finds that the AQI goes above 350, as a precautionary measure, Stage 3 measures will have to be immediately implemented. If AQI crosses 400 on a given day, Stage IV measures will have to be re-introduced.”
Government and Legal Submissions on Easing Restrictions
Additional Solicitor General (ASG) Aishwarya Bhati presented arguments supporting the easing of restrictions.
She attributed the improvement in air quality to favorable meteorological conditions:
“Lordships may look at holistically how Delhi air behaves during November and December. Our meteorological conditions do not allow European or Finland-like conditions, unfortunately, my lords.”
She further added:
“Let us operate the GRAP schedule as per AQI. It is now predicted that it won’t go beyond Stage II.”
The Commission proposed a hybrid approach involving measures from both Stage II and Stage III of GRAP as an alternative to the severe restrictions under Stage IV.
Contrasting Opinions on Air Quality Management
Amicus Curiae Aparajita Singh expressed a differing view on the potential for improvement in air quality:
“Lordships, it is about implementation. I disagree with ASG on that we cannot improve further than this. In Mundka, open garbage burning is still happening in Delhi itself.”
While she supported moving out of GRAP IV, Singh stressed the importance of robust implementation to sustain improvement.
Need for Data on Garbage and Stubble Burning
The Court sought data on burning activities contributing to air pollution. The ASG admitted that no tracking mechanism is currently in place. In response, the Court urged the development of monitoring systems:
“You should. Develop a mechanism to track both farm and garbage fires. Can take help of maybe ISRO, else there is no control of these activities. We want to enter into a wider area also on why there is showing much variance in Delhi on why one place it is very high, elsewhere low.”
Addressing Stubble Burning
The Union Environment Ministry has identified stubble burning in Punjab and Haryana as a significant contributor to air pollution in Delhi-NCR.
The government is encouraging farmers to repurpose paddy residue for animal feed and industrial applications, as part of broader measures to mitigate the crisis.
This cautious yet optimistic approach to managing Delhi’s air quality reflects a balance between addressing immediate public health concerns and gradually easing restrictions as conditions improve.
CASE TITLE:
MC Mehta v. Union of India
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