Implementation of GRAP-IV will Continue even if the AQI Level Drops Below 450: Supreme Court on Increasing Delhi Air Pollution



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Due to deteriorating air quality in Delhi NCR (National Capital Region), the Supreme Court (SC) of India directed to continue till further orders the implementation of the GRAP-IV (Graded Response Action Plan Stage IV) even if the AQI (Air Quality Index) of Delhi improves. The SC bench of Justice Abhay S Oka and Justice Augustine George Masih expressed dissatisfaction with the CAQM (Commission for Air Quality Management) for delaying the enforcement of GRAP-III and GRAP-IV protocols. The bench said, “The approach adopted by the commission seems to be that they have decided to wait for improvement of AQI and therefore implementation of stage 3 and stage 4 was delayed. This is completely a wrong approach. Even in anticipation of AQI decreasing the threshold limit it is the duty of the commission to start implementation of GRAP III or GRAP IV as the case maybe. The commission cannot wait for improvement of AQI.” It added, “We make it clear that till further orders are passed by this court implementation of stage 4 will continue even if AQI level drops below 450.” The bench also directed, “All States (in Delhi NCR) should take an immediate call to stop physical classes of all standards up to class 12.”

Moreover, the SC bench directed all governments of the NCR area to implement GRAP-IV and to constitute teams to monitor actions required for the same. It also directed them to set up a grievance redressal mechanism to report violations of the GRAP and told the CAQM to look into the complaints immediately. The bench also observed, “Needless to add that it is the constitutional obligation of the central government and state governments to ensure the citizens live in a pollution-free atmosphere. Therefore in addition to the actions which are proposed under stage three and stage 4, all possible actions shall be taken at the level of these governments to ensure that the AQI is brought down.” Apart from this, the bench also ordered “We direct the Government of India as well as the Commission for Air Quality Management to make immediate arrangements for getting data either from Korean stationery satellites or any other stationery satellites so that data of farm fires throughout the day can be made available to the states to enable them to take immediate actions. Needless to add, the commission and the central government will also involve the ISRO in taking this step. The ultimate object should be to ensure that all instances of farm burning throughout the day can be reported to the concerned States so that prompt action can be taken by the states. Compliance on this aspect also shall be reported by this Friday. Needless to add that the commission and the central government will procure data from stationery satellites from the first of October of 2024.”

The matter will be next heard on November 22, 2024 (Friday).