Delhi Air Pollution: Supreme Court allows relaxation of GRAP restrictions in NCR

The Supreme Court on Thursday allowed the Commission for Air Quality Management (CAQM) to ease the restrictions currently in place in the national capital region to tackle the severe air quality [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 allowed the authorities to go down from Stage IV of Graded Response Action Plan (GRAP) to Stage II.However, the Court also asked the CAQM to put in place additional measures from Stage III."We have perused the figures of AQI from Nov 18- Dec 4. Up to Nov 30, it was consistently above 300 and it is only during last 4 days that the levels came down below 300. It is true that at some stage the court will have to leave to to Commission to decide about GRAP applicability. Considering the data placed before us, we do not think that it will be appropriate at this stage to allow Commission to go below Stage 2," the Court said..The Court further clarified that when the Air Quality Index (AQI) goes above 350, Stage III will have to be immediately implemented as a precautionary measure."If AQI crosses 400 on a given day, Stage 4 to be reintroduced," it ordered. .The Bench was hearing the case concerning the Delhi air pollution crisis. The Court has been monitoring action taken by authorities in the adjoining States to curb stubble-burning incidents, among other things.The Court had recently asked CAQM to decide on easing the GRAP restrictions currently in place in the national capital region..Hearing today.Additional Solicitor General (ASG) Aishwaraya Bhati today submitted that since the air quality has improved due to meteorological conditions, the Court should now allow easing of the restrictions.Bhati further said the Commission has suggested moving to a hybrid of Stage II and Stage III under GRAP from the Stage IV."Lordships may look at holistically how Delhi air behaves during November December. Our meteorological conditions do not allow European or Finland like conditions unfortunately my lords," Bhati said."Let us operate the GRAP schedule as per AQI. It is now predicted that it won't go beyond Stage II," she added..Amicus Curiae Aparajita Singh expressed her disagreement that there cannot be any further improvement in air quality."Lordships it is about implementation. I disagree with ASG on that we cannot improve further than this. In Mundka, open garbage burning still happening, in Delhi itself," the senior counsel said.However, Singh also said the Court may permit moving out of GRAP IV..When the lawyers today expressed gratitude for the Court's intervention on air quality in Delhi-NCR, Justice Oka said,"We have always thought we are not that powerful. We can only direct authorities".Data on garbage burning.The Court then asked about data on burning of garbage in the national capital region. ASG said there is no mechanism for it."You should. Develop a mechanism to track both farm and garbage fires. Can take help of maybe ISRO else there is no control of these activities. We want to enter into wider area also on why there is showing much variance in Delhi on why one place it is very high, else where low," the Court said..Court Commissioners.The Court had earlier appointed thirteen lawyers 'advocate commissioners' to examine whether its directives to restrict the entry of trucks from neighboring areas into the national capital is being properly enforced.Today, it directed the Delhi government to pay a remuneration (per Panel B government counsel rates) to them. It ordered the police to protect them against any threats."Appointment of court commissioners to continue so long as GRAP measures are in force," the Court ordered further.The presence of the Chief Secretaries of all the Delhi NCR States was dispensed with for the time being, along with that of a Station House Officer (SHO) looking into complaints of attacks of the commissioners.