The Supreme Court on Monday directed Delhi and all the states governments in the National Capital Region (NCR) to strictly implement Graded Response Action Plan IV (GRAP IV) – anti-pollution measures – as air quality index (AQI) remains in the “severe” category and ordered stopping of the physical classes in the schools including 10th and 12th standards in the national capital and the adjoining states in the NCR till the situation improves.
The court ordered “All States (in Delhi NCR) should take an immediate call to stop physical classes of all standards upto class 12,” as senior advocate Gopal Sankaranarayanan told the bench that in Delhi students of classes 10th and 12th were being made to attend classes physically.
A bench of Justice Abhay S Oka and Justice Augustine George Masih also directed Delhi-NCR states to immediately constitute teams for monitoring steps/actions which are required under GRAP-IV.
Asking all the NCR states and the central government to file compliance affidavit on strict implementation of the Graded Response Action Plan IV, the bench said that till its further orders, the implementation of GRAP stage IV shall continue even if air quality index falls below 450
“We make it clear that till further orders are passed by this court implementation of stage IV will continue even if AQI level drops below 450,” the top court ordered.
Expressing its dissatisfaction with the Commission for Air Quality Management (CAQM) for waiting for the AQI to breach the threshold to enforce the GRAP-III and GRAP-IV protocols, the court said asked CAQM to consider stringent action under GRAP stage III and IV and that nothing is left to the discretion of the state government or the authorities.
“The approach adopted by the commission (CAQM) seems to be that they have decided to wait for improvement of AQI and therefore implementation of GRAP stage III and stage IV was delayed. This is completely the wrong approach. Even in anticipation of AQI decreasing the threshold limit it is the duty of the commission to start implementation of GRAP III or GRAP IV as the case may be. The commission cannot wait for improvement of AQI,” said the bench displeased with the CAQM approach.
The top court further directed all the NCR state governments and Centre to immediately take a call to formulate a plan on the measures to control and curb air pollution and present them to the court before the next date of hearing.
The court also directed the Delhi and NCR governments to set up grievance redressal mechanisms to report violations of the step.
GRAP is a set of anti-air pollution measures followed in the national capital and in its vicinity depending on the severity of the situation. Restrictions under GRAP III and IV are implemented when the air quality becomes severe.
The top court said it is the constitutional obligation of state and centre that citizens live in a pollution free environment. Apart from all clauses of GRAP stage III and IV, let all steps be taken by the government to ensure that the situation normalises, it further said.
The top court, while asking the Delhi government and neighbouring NCR states to file their compliance affidavit by November 22 on the implementation of preventive measures to check pollution, said steps may be taken besides those suggested under GRAP.
The top court was hearing the case relating to the pollution in Delhi-NCR.