SC Flags Delhi Govt’s Failure To Implement GRAP-4 Curbs Amid Rising Air Pollution
The Supreme Court on Friday flagged the Delhi government’s failure in enforcing anti-pollution GRAP-4 restrictions relating to entry of trucks in the national capital and directed immediate setting up of check posts at 113 entry points.
Taking note of marginal decline in air quality index (AQI) level and adverse impacts of stringent curbs, a bench of Justices Abhay S Oka and Augustine George Masih said it would consider on November 25 whether or not to ease the GRAP-4 restrictions in Delhi-NCR.
The overall AQI in Delhi remained in the “very poor” category being recorded at 373.
On November 18, the top court directed all Delhi-NCR states to immediately set up teams to strictly enforce anti-pollution GRAP-4 (Graded Response Action Plan) restrictions, making it clear that the curbs would continue till further orders.
During the hearing on Friday, the bench wondered when the advocates apprised that there were 113 entry points to Delhi and only 13 manned ones saw strict enforcement of the GRAP-4 restrictions.
The court expressed surprise when Delhi government’s counsel failed to satisfy the bench on the issue whether the security personnel at entry points possessed the list of essential goods that could be allowed to be transported by trucks inside the national capital.
“This means that at other 100 points, there is no restriction on vehicles which are banned under GRAP-4,” remarked the bench.
It added, “The (security) personnel that is going to man the entry points must be clearly informed about the accepted items which the counsel for Delhi government has highlighted as essential commodities.” The bench directed the Delhi government and city police to ensure the check posts were immediately set up at all 113 entry points.
The bench additionally appointed 13 apex court lawyers as court commissioners who would visit the entry points on November 23 to ascertain the implementation of curbs. The Delhi Police will have to facilitate the inspection, it added.
The apex court observed despite its orders and the CAQM (Commission for Air Quality Management), there was “failure on part of Delhi police” to comply with clauses under GRAP-4.
“It is very difficult for us to assume that the entry of trucks in Delhi has been stopped,” the bench observed outlining there was no implementation as far as entry of trucks goes. The bench was apprised that CCTV cameras were installed only at the 13 entry points.
It directed that CCTV footage to be given to senior advocate and amicus curiae Aparajita Singh at the earliest.
“Of the 113, almost 100 entry points are unmanned in the sense that there are nobody to check the entry of trucks. We asked members of the Bar to go and check those points. We are happy to note that 13 young members of the Bar have volunteered to act as commissioner of this court,” it said.
First implemented in 2017, the GRAP was a set of anti-air pollution measures followed in the capital and its vicinity according to the severity of the situation.
It classifies the air quality in the Delhi-NCR under four different stage — Stage 1 “poor” (AQI 201-300), Stage 2 “very poor” (AQI 301-400), Stage 3 “severe” (AQI 401-450) and Stage 4 “severe plus” (AQI above 450).
During the hearing on Friday, the bench was informed by Additional Solicitor General Aishwarya Bhati that the pollution level dropped in the previous couple of days and the AQI level was now under the GRAP-2 stage.
“Today, GRAP-4 is continuing and we will review it next week,” the bench observed. One of the lawyers highlighted the problems faced by children due to the suspension of physical classes at schools due to GRAP-4 curbs.
The counsel said though the children were not going to school due to the curbs, they were inhaling toxic air inside their homes owing to the pollution. The amicus referred to the air pollution level and said people, including children, were breathing toxic air.
“The consequences of GRAP-4 are drastic and it will have adverse effects on several sections of the society,” the bench observed, adding it would consider on November 25 whether or not to ease the curbs.
The apex court is seized of the matter related to air pollution in the Delhi-NCR.
While hearing the matter on November 18, the apex court said the constitutional obligation of the Centre and the state governments was to ensure that citizens live in a pollution-free atmosphere.
“We make it clear that till this court passes further orders, the implementation of stage IV of the GRAP will continue even if AQI drops below 450,” it then said.