Stating that there was an abject failure on the part of the authorities both administrative and police – in enforcing measures under GRAP stage IV to combat and curb air pollution in the national capital, the Supreme Court on Thursday ordered that GRAP IV measures, currently in force to tackle the severe air quality in Delhi, will continue to remain in force except schools till December 2.

“We have taken a glance at the second report by the court commissioners. The first report indicates that there is an abject failure of various authorities to implement GRAP IV measures in its letter and spirit. There are violations pointed out in both the reports,” said a bench of Justice Abhay S Oka and Justice Augustine George Masih, directing that in the meantime, the Commission for Air Quality Management (CAQM) will hold a meeting to decide on easing the GRAP restrictions.

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Referring to the court commissioner’s report on the entry of trucks, Justice Oka in the order said, “The immediate issue which needs to be addressed is that the trucks are allowed to enter the limits of Delhi and then after travelling some distance they are taking a U-turn back to from where they have arrived. This issue also needs to be addressed.”

Having asked the CAQM to hold a meeting to review the situation to scale down the restriction if required and need not altogether dispense with GRAP IV restrictions, the bench in its order said, “We make it clear that all GRAP IV measures except the measures which are modified in respect of the schools will continue to operate till Monday. In the meantime, the Commission will hold a meeting and come out with a suggestion about moving from GRAP IV to GRAP III or GRAP II. We also make it clear that not all measures which are provided in GRAP IV need to be dispensed with. there can be a combination of measures in GRAP III and GRAP II.”

Beyond the national capital, the court sought to focus on the air pollution in other cities falling within the National Capital Region (NCR). It said that it would continue to hear the matter related to air pollution in detail to find a long-term solution to the crisis.

“We want you to tell us that in some other cities also this issue will have to be taken up… better to be taken up by the Supreme Court (so that it can be addressed comprehensively). Right now, throughout December will be grappling with these emergencies. So let us have
regular detailed hearings in January issue-wise. And we want to hear from other states also on Monday”, Justice Oka said expanding the scope of the hearing.

Referring to a media report saying that officials in Punjab were telling the farmers to engage in stubble burning after 04,00 pm, (apparently after office hours), the bench asked the Punjab government to take action in case the media reportage is correct.

“We have gone through the … report which shows that land revenue officers advising farmers to burn stubble after 4 pm. If correct it is a violation. State authorities cannot advise such and the Government of Punjab shall immediately advise all officers to not indulge in such actions,” the court said in its order.