Delhi Pollution
Unless satisfied, won't go below Graded Response Action Plan-4 in Delhi, says SC
This story was originally published at 19:10 IST on 25 November 2024
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NEW DELHI – The Supreme Court on Monday said that unless it was satisfied there was a consistent downward trend of air quality index in Delhi, it would not order the Commission for Air Quality Management in Delhi-National Capital Region and adjoining areas to go below stage IV of the Graded Response Action Plan. However, the court asked the Commission to consider relaxing curbs on physical classes for school going children and relating to closure of colleges.
The Commission will have to consider relaxing norms as a large number of students cannot avail of mid-day meals and large numbers of students do not have access to air purifiers so there is not much difference in air outside and inside the home. The Commission shall also decide on continuation of physical classes for 10th and 12th students, the court added. It said that a large number of students did not have the facility for attending online education.
"We make it clear that we are leaving it to the Commission to decide to what extent the norms which are otherwise applicable in GRAP III and GRAP IV as of today (Monday) can be either relaxed or exceptions can be carved out," said the court. The expected decision to be taken during the course of the day, or latest by Tuesday morning, so that it can be implemented from Wednesday, said the court.
The bench of Justice Abhay S. Oka and Justice Augustine George Masih directed all the states to use the funds, which had been collected as labour cess for the welfare of construction workers, to provide them with subsistence for the period during which construction activities were prohibited. The court said that all the states would comply with its earlier direction relating to payment of the requisite amount of subsistence allowance.
"It is obvious that due to implementation of GRAP (Grade Response Action Plan) IV measures, several sections of the society may have been adversely affected. The Commission has all the powers under section 12(1) of the Act(The Commission for Air Quality Management in NCR & Adjoining Areas Act, 2021) to issue directions to various authorities to take several measures to ensure that persons in the category of labour, daily workers etc. do not suffer," said the court. It directed the commission to consider taking various mitigating measures by issuing necessary directions in terms of section 12(1) of the 2021 Act.
The apex court pulled up the authorities for not making "earnest effort" to implement the action relating to the entry of different types of vehicles in Delhi under stage IV of the Graded Response Action Plan and said there was a "serious lapse" on authorities' part. "We, therefore, direct the Commission to immediately initiate action in terms of section 14 of the CAQM Act," said the court.
The apex court also noted a chart submitted to it showing the air quality index in Delhi. It shows that from Nov. 20 to Nov. 24, the air quality index ranges were between 318 and 419. "We, therefore, direct the commission to place the updated data so that on the next date the court can take a call on GRAP IV measures," said the court. It will hear the case next on Thursday at 1530 IST. As of 1600 IST, the 24-hour average Air Quality Index for Delhi was at 349, in the "very poor" category, according to Central Pollution Control Board data.
The court is hearing a case relating to rising air pollution in Delhi-NCR and to agricultural stubble burning in neighbouring states. End
Reported by Surya Tripathi
Edited by Deepshikha Bhardwaj
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