SC orders GRAP-4 across NCR, curbs to stay even if AQI drops below 450

New Delhi: With the Air Quality Index entering into the 'severe plus' category choking the national capital, the Supreme Court on Monday directed all Delhi-NCR states to immediately set up teams to strictly enforce anti-pollution GRAP 4 restrictions, making it clear that the curbs will continue till further orders.

Delhi's Air Quality Index (AQI) was recorded at 484 at 8 am on Monday, the worst this season. The AQI in certain areas also breached the 500 mark.

The court asserted that it is the constitutional duty of all states to ensure all citizens live in a pollution-free environment and "We make it clear that till further orders are passed by this court, implementation of stage 4 of GRAP will continue even if AQI level drops below 450," a bench of Justices Abhay S Oka and Augustine George Masih directed as it sought compliance reports from Delhi-NCR states and the Centre by Thursday.

It also faulted the Commission for Air Quality Management (CAQM) for "delaying" the implementation of Graded Response Action Plan (GRAP) and said it followed a "wrong" approach.

"Needless to add, it is a constitutional obligation of the central government and the states to ensure that citizens live in a pollution-free atmosphere. Therefore, in addition to actions which are proposed under stages 3 and 4, all possible actions shall be taken at the level of these governments, to ensure that the AQI is brought down," the bench said.

Issuing a slew of directions for strict implementation of preventive measures, the bench asked all Delhi-NCR states to immediately take a call on stopping physical classes up to class 12.

It directed the setting up of a mechanism where complaints can be made by citizens for violation of restrictions under stage 4 of the GRAP.

"All states, notwithstanding what is provided in clause 5 of GRAP, may take an immediate call on stopping physical classes of all standards up to class 12," it directed.

The bench said the NCR state governments and the Centre will have to immediately take a call on actions provided under stage 4 of GRAP and place the decision on record before the next date of hearing.

"We direct all governments of the NCR area to strictly implement stage 4 of GRAP. All states will immediately constitute teams for monitoring the implementation of actions which are required to be taken under stage 4," it directed.

At the outset, the bench questioned the Delhi government and CAQM over the delay in invoking pollution preventive measures under GRAP stages.

The counsel for the Delhi government informed the bench that stage 4 of GRAP has been implemented from Monday and heavy vehicles have been banned from entering the national capital.

The bench said that the CAQM waited for improvement in weather conditions instead of implementing different stages of GRAP over alarming rising pollution levels.

Noting that stage 3 of GRAP is invoked when the Air Quality Index (AQI) ranges between 401 to 450, the bench said from the meeting of the sub-committee of CAQM it is clear that on November 13 itself, the AQI crossed 401.

"Instead of immediately directing the implementation of stage 3 of GRAP, the commission directed that stage 3 should be implemented on November 14.

"Same is the case with the implementation of stage 4 which was ordered on November 17 and the minute of the meeting records that the AQI crossed 450 at 6 pm on Sunday but still direction was issued to implement stage 4 from November 18 morning," it said.

The bench said the approach adopted by the CAQM seems to be that it decided to wait for improvement of the AQI and therefore implementation of stage 3 and stage 4 was delayed.

"This is a completely wrong approach. Even in anticipation of the AQI crossing the threshold limit, it is the duty of the Commission to start immediate implementation of GRAP-3 and GRAP-4 as the case may be. The Commission cannot wait for improvement for the AQI," it said.

The top court also flagged the views adopted by different parties on the issue of data of which agency should be taken as official data for the AQI level.

It asked the CAQM, which has a grievance redressal mechanism, to immediately look into complaints made so far and take action.

"We also direct the Commission to provide for more stringent action at stages 3 and 4, perhaps not to leave anything for the discretion of governments and local authorities. The Commission will immediately take a call on this aspect," it directed.

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.

It classifies the air quality in the Delhi-NCR under four different stages: Stage 1 - 'poor' (AQI 201-300), Stage 2 - 'very poor' (AQI 301-400), Stage 3 - 'severe' (AQI 401-450) and Stage 4 - 'severe plus' (AQI above 450).

On Sunday, the CAQM announced stricter pollution control measures for the Delhi-NCR under GRAP-4, effective from 8 am on Monday, including a ban on truck entry and a temporary halt on construction at public projects.

According to the order, no trucks would be allowed into Delhi except for those carrying essential items or using clean fuel (LNG/CNG/BS-VI diesel/electric). Non-essential light commercial vehicles registered outside Delhi will also be prohibited, except for EVs and CNG and BS-VI diesel ones.

The apex court is hearing a plea seeking directions to curb air pollution in the national capital and adjoining areas.