Do not relax anti-pollution GRAP-4 curbs without court’s nod: SC

The Supreme Court on 18 November, Monday, questioned the Delhi government over the delay in implementing stricter anti-pollution measures under GRAP-4, and said it will not allow scaling back of the pollution-minimising measures without the court's prior permission.

A bench of justices Abhay S. Oka and Augustine George Masih pointed out that there was a delay in the implementation of preventive measures under stage 4 of the Graded Response Action Plan (GRAP) even after the air quality index (AQI) had touched alarming levels in the national capital.

At the outset, 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 moment the AQI reaches between 300 and 400, stage 4 has to be invoked. How can you take risk in these matters by delaying applicability of stage 4 of GRAP?” the bench asked the counsel.

The court also wanted to know what additional steps the state government had taken to curb the alarming rise in pollution levels.

"We won’t allow scaling down of preventive measures under stage 4 even if AQI goes below 450. Stage 4 will continue till [the] court permits," the bench said, adding it will hear the matter in detail at the end of the day’s work.

According to an India in Pixels infographic, the alarmingly bad AQI in Delhi is equal to smoking 40 cigarettes per day, while neighbouring BJP-ruled Haryana averages 'only' 29.

On Sunday, 17 November, the CAQM announced stricter pollution control measures for the Delhi NCR under GRAP-4, effective from 8 a.m. on Monday, including a ban on truck entry and a temporary halt on construction at public projects.

The Commission for Air Quality Management (CAQM) issued the order as Delhi's Air Quality Index (AQI) worsened, reaching 441 at 4 p.m. and rising to 457 by 7 p.m. due to unfavourable weather conditions.

According to the order, no trucks will be allowed into Delhi except for those carrying essential items or using clean fuel (LNG/CNG/BS-VI diesel/electricity).

Non-essential light commercial vehicles registered outside Delhi will also be prohibited, except for EVs, CNG or BS-VI diesel-run ones.

On 14 November, the top court had agreed to urgently list this plea after it was told that Delhi should not become the most polluted city in the world due to the rising pollution.

It had earlier said the right to live in a pollution-free atmosphere was a fundamental right of every citizen, protected by Article 21 of the Constitution.

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

Delhi chief minister Atishi on Monday, meanwhile, said north India is facing a medical emergency due to the hazardous air quality caused by stubble burning.

Addressing a press conference, Atishi said the BJP-led central government has been doing politics over the issue of pollution but has taken no step to check stubble burning in states like Haryana, Rajasthan, Uttar Pradesh and Madhya Pradesh — all ruled by the saffron party.

Lauding the AAP-ruled Punjab, she said it is the only state where the cases of stubble burning have come down significantly. In BJP-ruled states, they have gone up, she claimed.

Atishi said that due to Delhi's worsening air quality, the elderly are being hospitalised and children need inhalers and steroids to breathe.