Delhi Air Pollution: Supreme Court to explore long term solution; GRAP IV to remain in force

The Supreme Court on Thursday ordered that Stage IV of the Graded Response Action Plan (GRAP), currently in force to tackle the severe air quality in Delhi, will continue to remain in operation till at least December 2 [In Re: Commission for Air Quality Management (Air Pollution) and Implementation of GRAP IV].A Bench of Justices Abhay S Oka and Augustine George Masih added that in the meantime, Commission for Air Quality Management (CAQM) will hold a meeting to decide on easing the GRAP restrictions. "We make it clear that all GRAP-IV measures except the measures which are modified in respect of the schools will continue to operate till Monday i.e. 2nd December, 2024," the Court said..After taking note of the report submitted by the Court Commissioners, the Court remarked that there was a complete failure in stopping the entry of trucks to Delhi in accordance with the restrictions in place under the Stage IV of GRAP."We had a glance at the second report of the Court Commissioners. What both reports depict is the abject failure of the various authorities to implement Graded Response Action Plan (for short, “the GRAP”)-IV measures in its true letter and spirit. There are violations pointed out in both the reports. There is complete failure. Police was nowhere in the picture. The trucks were allowed to enter the territory and no way to go back," the Court observed while asking States to clear their stand about the action they will take in case of breaches specifically pointed out by the Court Commissioners.The Court also directed the Transport Department of Delhi Government and the Delhi Pollution Control Committee to appoint Nodal Officers for the purposes of facilitating the work by the Court Commissioners..Today, the Bench also made it clear that it would continue to hear the matter related to air pollution in detail with the objective of finding a long-term solution to the crisis.Issues like stubble burning, entry of trucks into the national capital region and firecracker ban will be examined, the Court made it clear."We must have a machinery in place which can send us 24x7 data of stubble burning. That is the root problem you see and that is why this problem is arising... and States are very slow in taking action against the farmers," the Court said..The Bench was hearing the case concerning the air pollution in Delhi. The top court has been monitoring action taken by authorities in the adjoining States of Punjab, Haryana and Uttar Pradesh to curb stubble-burning incidents, among other things.The Bench had recently called for strict implementation of Stage IV measures under the Graded Response Action Plan (GRAP) to improve air quality in the national capital region..The Court had also appointed thirteen lawyers as 'advocate commissioners' to examine whether its earlier directives to restrict the entry of trucks from neighboring areas into the national capital was being properly enforced.On November 25, it had ordered the CAQM to review the decision on closure of schools in the national capital region, particularly for the classes 10 to 12. Subsequently, the Commission asked the States to allow hybrid classes..Today, the Bench questioned a notification that allows certain activities, permissible under GRAP III, even while GRAP IV continues to remain in operation. "Notification says activities permitted under Stage 3 will continue to be permitted as usual. I do not know what does it mean," the Court said.Additional Solicitor General (ASG) Aishwarya Bhatti said Delhi's neighboring States also have to act with regard to entry of trucks and CAQM has written to them in this regard. Bhatti further said that the notification flagged by the Court would be withdrawn..Meanwhile, the Court also took note of a news report of November 27 on India Today which said that stubble burning was being allowed by officials after 4 PM and asked the authorities in Punjab to take action in case the media reportage is correct."We are not accepting the correctness of this news item. But if it is correct, it is very serious. The State officials cannot permit any farmer to take advantage of the fact that at present, only those farm fire activities are being detected which take place during few hours of the day," the Court said.The Court therefore directed Punjab government to immediately issue instructions to all the officials not to indulge in any such activities..The matter will next be heard on December 2..[Read Order]