On Friday, Supreme Court reopened its hearing on the appeal for orders to reduce air pollution in Delhi-NCR. Earlier this week, the Air Quality Index (AQI) reached “severe-plus” levels, requiring the Graded Response Action Plan (GRAP) to be implemented, Stage-4 of the plan prohibits vehicle access and temporarily stops building at public projects.
The Supreme Court held that the Delhi administration and police force failed to enforce GRAP Stage 4 limitations on the entry of heavy vehicles into the Capital. To ascertain if heavy vehicles had been allowed admission, the apex court sought CCTV footages from all 13 main entry points.
The Supreme Court assigned 13 lawyers to visit 13 point and submit a report by Monday, November 25, to determine if heavy vehicles and Light Commercial Vehicles (LCVs) registered outside of Delhi that are not transporting necessities are permitted. On Monday, the Supreme Court will consider the case.
The Supreme Court ordered all Delhi-NCR states to immediately establish teams to strictly enforce anti-pollution GRAP 4 restrictions during the most recent hearing earlier this week regarding air pollution in Delhi and its neighboring cities of Noida, Ghaziabad, Gurugram, and Faridabad, all of which are under the National Capital Region. It was made clear that the curbs would remain in place until further orders.
Key parts of the Supreme Court’s hearing on Delhi pollution
· It is exceedingly difficult for the Supreme Court to conclude that the GRAP 4 ban on truck access into the national capital has been lifted, the court declared on Friday. “It is extremely challenging for us to believe that truck entry in Delhi has been halted,” noted the Justices Abhay S. Oka and Augustine George Masih bench. When the case is heard again on November 25, the bench said it wants to order the Center to send police officers to each of the 13 locations to inspect truck entry into Delhi and provide a report.
· On Monday, November 18, the Supreme Court instructed that GRAP Stage 4 continue until the AQI falls below 450, stating that it is the constitutional obligation of all states to guarantee that all residents live in a pollution-free environment.
· According to Central Pollution Control Board (CPCB) data, Delhi’s daily average Air Quality Index (AQI) increased significantly to 457 by 7 p.m. on Sunday and then to 485, which is classified as severe-plus, by 9 a.m. on Monday.
· According to the National Capital Region’s (NCR) Graded Response Action Plan (GRAP), Delhi’s air quality is divided into four stages: Stage I is “poor” (AQI 201-300); Stage II is “very poor” (AQI 301-400); Stage III is “severe” (AQI 401-450); and Stage IV is “severe plus” (AQI >450).
· The Commission for Air Quality Management (CAQM) was also criticized by the top court on Monday for “delaying” the execution of the Graded Response Action Plan (GRAP) and for taking the “wrong” approach. It goes without saying that the federal government and the states are required by the constitution to make sure that the air is free of pollution. To guarantee that the AQI is lowered, all feasible measures must be implemented at the level of these governments in addition to those suggested under stages 3 and 4, the bench was reported by news agency PTI as saying.
· According to the Supreme Court bench, the CAQM’s strategy appears to have been to postpone Stage 3 and Stage 4 implementation in order to wait for the AQI to improve. “This strategy is absolutely incorrect. It is the Commission’s responsibility to begin implementing GRAP-3 and GRAP-4, when applicable, immediately, even before the AQI reaches the threshold limit. The bench stated that the Commission cannot wait for the AQI to improve.
