Supreme Court Lifts GRAP-4 Curbs in Delhi-NCR as AQI Improves, GRAP-2 Measures to Stay

New Delhi: The Supreme Court on Thursday allowed the Commission for Air Quality Management (CAQM) to lift the Graded Response Action Plan (GRAP) Stage 4 restrictions in Delhi-NCR, following improvements in air quality. However, Stage 2 of GRAP will continue to remain in force to ensure sustained pollution control measures.

The court's decision comes as the Air Quality Index (AQI) in the region showed signs of improvement, prompting the CAQM to recommend easing the most stringent measures under GRAP-4. These measures included halting non-essential construction and demolition activities and restricting the movement of diesel-powered vehicles.

A bench of Justices Abhay S Oka and Augustine George Masih, however, suggested the CAQM to include some additional measures of GRAP-3 in stage-2 curbs.

"Considering the data which have been placed before us, we do not think that it will be appropriate at this stage to allow commission (CAQM) to go below stage 2, perhaps further monitoring on the part of this court is necessary," the bench said.

The top court said though the commission was permitted to go to stage 2 for the time being, it would be appropriate if the CAQM considered incorporating certain additional measures that were a part of stage 3 under Graded Response Action Plan (GRAP).

The bench told the CAQM that stage 3 curbs would be introduced if the AQI crossed the 350 mark and stage-4 curbs if AQI crossed 400.

"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 measures under stage 3 have to be implemented and if AQI crosses 400 on a given day stage 4 measures have to be introduced," it said.

The top court noted the AQI level in NCR did not cross 300 in the last four days.

"We have perused the figures of the AQI from November 18 till December 4. Upto November 30, the levels were consistently above 300 and it is only during the last four days that the levels have come down below 300," it said.

The bench said it was true that at some stage the court would have to leave it to the commission to decide the applicability of stages under GRAP to curb air pollution.

The court commissioners, appointed to conduct inspection at entry points of Delhi, would start working the moment stage-3 GRAP was introduced by the commission, it added.

The court commissioners, it said, would be paid remunerations by the Delhi government for their services.

The bench would pass further directions on December 12.

During the hearing, additional solicitor general Aishwarya Bhati, representing the CAQM, said the AQI level showed a downward trend largely due to meteorological and geographical conditions.

She urged the court to relax the stringent GRAP-4 restrictions as it was affecting the livelihood of many and suggested hybrid restrictions, which are combinations of stage 3 and stage 4, should be enforced.

Bhati placed on record the data on weather conditions and AQI during the months of November 2020 and January 2021, which was a period of restrictions under COVID pandemic, when no industry was in operation and the city was under a lockdown. She said even then the AQI level touched over 350.

"We may aspire to have climate conditions like Finland or other European countries but due to the geographical conditions at Delhi and Himalaya sitting at the top, the AQI level rises during this time of the year,” she submitted.

Bhati therefore urged the court to leave it to the commission to introduce the GRAP stages as at present AQI level suggests there was no need for restrictions under the graded response action plan in the Delhi-NCR region.

Senior advocate Aparajita Singh, appointed amicus curiae in the matter pointed out in Mundka area of west Delhi, the AQI level was still higher than other parts.

She said open garbage burning should be curtailed to ensure there was no rise in pollution levels.

The bench thereafter noted some protocol was required to be developed to check open garbage burning in the city and stressed on the implementation of solid waste management rules of 2016 for which it would hear all the parties concerned.

An AQI between zero and 50 is considered "good"; 51 and 100 is "satisfactory"; 101 and 200 is "moderate"; 201 and 300 is "poor"; 301 and 400 is "very poor"; whereas between the range 401 and 500 it is "severe".

The apex court was hearing a matter over measures to curb air pollution in the Delhi-NCR.

On December 2, the top court refused to relax the emergency measures under GRAP-4 unless a consistent downward trend was noticed in the AQI level.

Observing that Delhi-NCR faced a similar situation every year between October and December, the top court previously proposed to go into all aspects that cause air pollution and find a permanent solution.

It then highlighted the "complete lack of coordination" among stakeholders including the Delhi government, Delhi police, Municipal Corporation of Delhi and pollution control committee in implementing the restrictions.