The Supreme Court on Thursday permitted the Commission for Air Quality Management (CAQM) to relax stage IV of the Graded Response Action Plan (GTAP) restrictions in Delhi-NCR to GRAP stage II in view of the downward trend and betterment in the Air Quality Index (AQI).

Permitting the authorities to relax stage IV restrictions, bringing it to GRAP stage II, a bench of Justice Abhay S. Oka and Justice Augustine George Masih asked the CAQM to consider adding certain measures from GRAP Stage III.

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Having permitted the relaxation of restriction under GRAP IV to GRAP II, the bench however, said that If the AQI crosses 350, GRAP III should be imposed and if it crosses 400, restrictions under GRAP IV must be brought back.

The top court also allowed the dilution of restrictions under GRAP IV to GRAP II after the bench was informed by the Additional Solicitor General Aishwarya Bhati that the average AQI levels have been below the 300 marks since November 30.

“… It is true that at some stage the court will have to leave it to the Commission to decide about GRAP applicability. Considering the data placed before us, we do not think that it will be appropriate at this stage to allow the Commission to go below Stage 2,” the court said in its order.

Senior advocate and amicus curiae Aparajita Singh, assisting the court in the air pollution matter, said the bench may permit moving out of GRAP IV. The hearing today witnessed the top court pulling up the Delhi Chief Secretary (CS) for failing to fully compensate the construction workers rendered without work due to the GRAP IV restrictions on construction activities.

Questioning the CS as to why full compensation amount have not been paid to the construction workers, the bench said, “Why? When will you pay the balance amount? They are verified that is why they were paid ₹2000. You want workers to starve?” The court recorded in its order that payment of Rs 2,000 has been made to 90,693 workers and rest will be paid immediately.

In the last hearing of the matter on December 2, the top court had taken a serious view of the failure of the five state governments including Delhi to compensate the construction workers for the loss of their livelihood due to halt to the construction activity in the wake of alarming level of air pollution.

The top court had directed the presence of the Chief secretaries of Delhi, Uttar Pradesh, Punjab, Haryana and Rajasthan in the hearing today to answer for the lackadaisical approach in disbursement of funds collected under the Building & Other Construction Workers Welfare Cess Act 1996 and the 1998 rules.