The Supreme Court on Thursday extended emergency measures under the Graded Response Action Plan (GRAP IV) to combat Delhi’s worsening air pollution until December 2, with exceptions for schools. The court directed the Commission for Air Quality Management (CAQM) to hold a meeting and provide recommendations for potentially downgrading to GRAP III or GRAP II by the next hearing.
A bench comprising Justices A S Oka and A G Masih noted the “abject failure” of authorities to enforce GRAP IV measures effectively. The bench emphasized that the continuation of GRAP IV measures is necessary but suggested a possible combination of measures from GRAP III and IV to address the situation dynamically.
School Reopening Upto CAQM
While the bench extended GRAP IV, it left decisions regarding the reopening of schools (Classes 4 and above) and other educational institutions to the CAQM.
Court-appointed commissioners tasked with monitoring the entry of polluting vehicles into Delhi flagged severe lapses. Their reports highlighted:
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- Unrestricted Entry of Polluting Trucks: Trucks were entering Delhi and making U-turns back to their origin points, bypassing pollution control measures.
- Lack of Enforcement: Authorities failed to enforce bans on polluting vehicles at entry points.
The bench called for stringent action and urged states to outline steps to address breaches.
Specific Orders on Truck Entry
The court reiterated that the ban under Clause 1 of GRAP IV applies to all trucks except:
- Vehicles carrying essential commodities.
- Trucks providing essential services.
- LNG, CNG, electric trucks, and BS 6 diesel trucks.
The bench made it clear that no other exemptions are admissible and invalidated any contrary instructions issued by other authorities.
Stubble Burning and Accountability
The Supreme Court reviewed a status report from CAQM, which showed showcause notices had been issued to authorities under Section 14 of the Commission for Air Quality Management Act, 2021, for failing to curb stubble burning. The court emphasized the need for expedited action to hold violators accountable.
The CAQM is expected to present its suggestions by December 2, balancing public health concerns and practical implementation of pollution control measures.
