Delhi Air pollution: Supreme Court Allows The CAQM To Relax GRAP-IV Restrictions

On December 05, 2024 (Thursday), the Supreme Court (SC) of India allowed the Commission for Air Quality Management (CAQM) to relax the GRAP-IV restrictions, implemented to tackle severe air quality, in Delhi to GRAP-II considering the improved AQI (Air Quality Index). Also, the two-judge bench of the SC constituting Justice Abhay S Oka and Justice Augustine George Masih ordered, “Up to November 30, the AQI levels were consistently above 300 and it is only during the last four days that the levels have come down below 300. It is true that at some stage the Court will have to leave it to the Commission to decide the applicability of stages under GRAP. Considering the data before us, we do not think it will be appropriate at this stage to allow the Commission to go below Stage 2. So we permit the Commission to go to stage 2 for the present. It will be appropriate if the Commission may consider incorporating certain additional measures which are part of Stage 3. While we permit the Commission to do so, we must record here that if the Commission finds that the AQI goes above 350. As a precautionary measure, Stage 3 measures will have to be immediately implemented. If AQI crosses 400 on a given day, Stage IV measures will have to be re-introduced.” The matter will be next heard on December 12 (Thursday). 

During the proceedings, Additional Solicitor General Aishwarya Bhati submitted that GRAP measures could be relaxed considering the latest AQI, “There is a clear downward trend (in the AQI) but it is thanks to the meteorological conditions. As of yesterday's reading, we are out of the GRAP.” Agreeing to the same, Senior Advocate Aparajita Singh, the amicus curiae, submitted that GRAP-IV measures can be relaxed. After hearing the matter, the SC bench ordered the relaxation of the GRAP-IV measures and said, “We are informed that while issuing show cause notices to those who have violated GRAP norms the Delhi Pollution Control Committee has named the Court Commissioners appointed by the court. None of the authorities who are taking action for violation of GRAP norms shall incorporate the names of Court Commissioners.”