SC Resumes Hearing On Delhi-NCR Air Pollution, Slams Lapses In GRAP-4 Implementation

The Supreme Court on Friday resumed its hearing on a petition seeking measures to curb air pollution in Delhi-NCR. Earlier this week, the Air Quality Index (AQI) reached 'severe-plus' levels, triggering Stage 4 of the Graded Response Action Plan (GRAP). This phase enforces a ban on truck entry and temporarily halts construction at public projects.

The court criticised the Delhi government and police for failing to implement Stage 4 restrictions effectively, particularly concerning heavy vehicle entry into the capital. To verify compliance, the apex court requested CCTV footage from the 13 major entry points.

Court-Appointed Observers and Reports

The Supreme Court appointed 13 lawyers to inspect the entry points and report by Monday, 25 November, on whether trucks and light commercial vehicles (LCVs) registered outside Delhi, except those carrying essential goods, are being allowed entry. The court will revisit the matter on Monday.

During an earlier hearing, the court directed Delhi-NCR states, including Noida, Ghaziabad, Gurugram, and Faridabad, to form teams to strictly enforce GRAP Stage 4 measures. The curbs will remain until further notice.

Supreme Court Observations

• On Friday, Justices Abhay S Oka and Augustine George Masih expressed scepticism about claims that truck entry into Delhi had been fully halted. "It is very difficult for us to assume that entry of trucks in Delhi has been stopped," the bench observed.
• The court proposed directing the Centre to deploy police at all 13 entry points to monitor truck access and provide a detailed report by 25 November.
• On Monday, 18 November, the bench emphasised the constitutional duty of states to ensure citizens have a pollution-free environment, mandating that Stage 4 restrictions remain until AQI drops below 450.

Escalating Air Quality Concerns

The Central Pollution Control Board (CPCB) recorded Delhi's AQI as 457 by Sunday evening, escalating to 485 (severe-plus category) by Monday morning.

GRAP Explained

The Graded Response Action Plan (GRAP) is classified into four stages:

• Stage I: 'Poor' (AQI 201-300)
• Stage II: 'Very Poor' (AQI 301-400)
• Stage III: 'Severe' (AQI 401-450)
• Stage IV: 'Severe Plus' (AQI >450)

Criticism of the CAQM

The bench faulted the Commission for Air Quality Management (CAQM) for delaying GRAP implementation, terming its approach "wrong".

"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 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 court stated.

The bench also highlighted that the CAQM's delay stemmed from waiting for AQI improvement before acting. "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. The Commission cannot wait for improvement in the AQI," the court observed.