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

- November 18, 2024
| By : Patriot Bureau |

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

Supreme Court

The Supreme Court on Monday criticised the Delhi government for delays in enforcing stricter anti- pollution measures under GRAP-4, stating that no scaling down of these measures would be permitted without its approval.

A bench comprising Justices Abhay S Oka and Augustine George Masih noted the delay in implementing stage 4 of the Graded Response Action Plan (GRAP), despite the Air Quality Index (AQI) in Delhi reaching hazardous levels.

At the start of proceedings, the Delhi government’s counsel informed the bench that GRAP-4 had been implemented from Monday, including a ban on heavy vehicles entering the city.

The bench expressed concern, stating, “When the AQI ranges between 300 and 400, stage 4 must be activated immediately. How can you risk public health by delaying its implementation?”

The court sought details from the state government on measures taken to address the alarming pollution levels. It emphasised, “Stage 4 will remain in effect even if AQI falls below 450, and any relaxation will require court approval.” The matter will be further reviewed at the end of the day’s proceedings.

On Sunday, the Commission for Air Quality Management (CAQM) announced stricter GRAP-4 measures for Delhi-NCR, effective from 8 am on Monday. These include a ban on truck entry and a temporary suspension of construction at public projects.

The CAQM’s directive came as Delhi’s AQI worsened, reaching 441 by 4 pm and rising to 457 by 7 pm, driven by unfavourable weather conditions. The order specified that only trucks carrying essential items or using cleaner fuels such as LNG, CNG, BS-VI diesel, or electricity would be allowed entry. Non-essential light commercial vehicles registered outside Delhi, except for those running on EVs, CNG, or BS-VI diesel, were also prohibited.

On November 14, the Supreme Court had agreed to urgently hear a plea raising concerns about Delhi’s air quality, noting that the city should not become the world’s most polluted due to inaction. It reiterated that the right to live in a pollution-free environment is a fundamental right protected under Article 21 of the Constitution.

The apex court is currently examining a plea seeking directives to control air pollution in Delhi and its neighbouring regions.

(With inputs from PTI)