NEW DELHI: Stressing at the constitutional obligation of central and state governments to ensure citizens live in pollution free atmosphere, the Supreme Court on Monday said it will not allow the scaling down of the preventive measures against pollution in Delhi without its prior permission.
Supreme Court Mandates Immediate Anti-Pollution Measures: GRAP-4 Restrictions to Stay in Delhi-NCR
As the air quality in the national capital turned into severe category, the top court declared the implementation of GRAP 4 restrictions will continue even if AQI level drops below 450.
A bench of Justices Abhay S Oka and Augustine George Masih asked the Delhi-NCR states to immediately set up teams to enforce anti-air pollution restrictions, including stopping of physical classes upto class 12.
"We direct all the State Governments of the NCR area to strictly implement Stage IV of the GRAP forthwith. All the NCR State Governments will immediately constitute teams to monitor the implementation of the actions required under Stage IV of the GRAP. The NCR State Governments and the Central Government will have to immediately take a call on the actions provided in clauses 5, 6, 7 and 8 of Stage IV and place the decision taken on record before the next date," the bench said.
Air Quality Crisis: SC Directs Central and State Governments to Act on Farm Fires and Pollution Control
The court also directed them to create a grievance redressal mechanism to enable the citizens to lodge complaints about the violation of restrictions under Stage IV of the GRAP. It is pointed out that the Commission has a grievance redressal mechanism.
"We direct the Commission to look into the complaints and take prompt and immediate action thereon," the bench said.
It also directed the Centre to involve ISRO and collect data from Stationary Korean Satellite, instead of polar orbiting ones on farm fires from neighbouring states.
The court also criticised the Commission for Air Quality Management (CAQM) for adopting a "completely wrong approach", as it decided to wait for improvement in AQI levels, which delayed the implementation of stage 3 and stage 4 of Graded Response Action PIan (GRAP).
Considering the issue of air pollution, the bench asked the Centre to make immediate arrangements for getting data from either Korean stationery satellites or any other stationery satellites so that data of stubble burning throughout the day can be made available. The bench said this data will enable states to take immediate actions.
The court also said that the commission and Centre should also involve ISRO in taking this step so that all instances of farm burning, during the day can be reported to the concerned states.
During the hearing, the bench pulled up the Delhi government over the delay in the implementation of stage 4 of the Graded Response Action Plan (GRAP).
"How can you take risk in these matters by delaying the applicability of stage 4 of GRAP," the bench asked the Delhi government counsel.
The bench said the delay occurred even after the air quality index (AQI) touched alarming levels in the national capital.
The court noted the AQI crossed 400 on November 12, GRAP-3 was implemented only from November 14. GRAP-4 was enforced only with effect from Monday, though the AQI crossed 450 on Sunday.
The bench also felt CAQM was supposed to take preventive measures instead of waiting for the air quality to worsen.
The Delhi government counsel informed that bench that from Monday onwards, stage 4 of GRAP had been implemented. The counsel said that heavy vehicles have been banned from entering the national capital.
“The moment the AQI reaches between 300 and 400, stage 4 has to be invoked. How can you take risk in these matters by delaying applicability of stage 4 of GRAP,” the bench told the counsel.
The bench asked the counsel to apprise it of steps taken to curb air pollution levels.
"We won’t allow scaling down of preventive measures under stage 4 even if AQI goes below 450. Stage 4 will continue till court permits," the bench said.
The court fixed the matter for further hearing on November 22.
On Sunday, the CAQM announced stricter pollution control measures for the Delhi-NCR under GRAP-4, effective from 8 am on Monday, including a ban on truck entry and a temporary halt on construction at public projects.
The Commission for Air Quality Management (CAQM) issued the order as Delhi's Air Quality Index (AQI) worsened, reaching 441 at 4 pm and rising to 457 by 7 pm due to unfavourable weather conditions.
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