Recently, the Supreme Court while addressing concerns over Delhi’s deteriorating air quality, proposed enforcing the stringent measures of Stage IV of the Graded Response Action Plan (GRAP IV) even if the Air Quality Index (AQI) shows improvement and drops below 300. The Court stressed that these measures would not be relaxed without explicit permission.
The case arose from a plea seeking strict enforcement of measures to counter Delhi’s alarming AQI levels, which recently triggered the implementation of GRAP IV. Under GRAP IV, typically enforced when AQI crosses 450, several severe restrictions are imposed. These include a complete ban on construction activities, potential school closures, and the introduction of the odd-even scheme for vehicles. Additionally, GRAP IV restricts the entry of trucks into Delhi, barring those transporting essential goods or providing critical services. However, trucks running on LNG, CNG, electric power, or compliant with BS-VI diesel standards are exempt. Similarly, light commercial vehicles registered outside Delhi, other than EVs, CNG, or BS-VI diesel vehicles, are also prohibited from entering unless carrying essential commodities.
The Bench comprising Justice A.S. Oka and Justice A.G. Masih, underscored the gravity of the air quality crisis, emphasizing the necessity of sustained and stringent measures. The Court clarified its intent to ensure that GRAP IV measures remain in force until further orders, irrespective of temporary AQI improvements. The Bench remarked, “We are making it very clear that you will not go below stage 4 without our permission now, even if AQI goes below 300. That is the order we are proposing”.
The Court has ordered all governments in the NCR region to enforce Stage IV of the GRAP strictly. All states must promptly form teams to monitor the actions required under Stage IV.
The Delhi Government and other NCR administrations were instructed to establish a grievance redressal mechanism for reporting GRAP violations, with the CAQM mandated to address complaints immediately.
The Court further directed all NCR states to make an immediate decision on suspending physical classes for students up to Class 12. The CAQM was instructed to take strict measures, leaving no room for discretion by state authorities.
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