Delhi air pollution: SC refuses to relax GRAP IV curbs till Dec 2, except for schools

New Delhi: The Supreme Court on Thursday said that stringent anti-pollution graded response action plan (GRAP)-4, except those relating to schools, would continue to be in operation till December 2, while expressing concern over slow action in cases of stubble burning in neighbouring states.

A bench of Justices Abhay S Oka and Augustine George Masih also took note of a news report regarding Punjab where land record officer and Sangrur Block Patwari Union president allegedly advised farmers to burn stubble after 4 PM to avoid satellite detection.

The bench said if the news is correct then it is a serious issue and the state government officials cannot permit any farmer to take advantage of the fact that the activities are now under scanner, and the activity, satellite monitoring of the stubble burning, takes place during a few hours in the day.

"We must have a machinery in place which can send us 24x7 data of stubble burning,” the bench said.

"It is essential to address the root problem and states are very slow in taking action against the farmers," the bench added.

Taking up air pollution matter, the bench said GRAP-4 is in operation and it must stay in operation till Monday, while emphasising that it is important to expedite action against officials’ for serious lapse in implementation of the measures.

“We make it clear that all GRAP IV measures except the measures which are modified in respect of schools will continue to operate till Monday,” the bench said.

On November 25, the apex court asked the Commission for Air Quality Management (CAQM) in the national capital region and adjoining areas to examine beginning physical classes in schools and colleges.

On Thursday, the bench said, “In the meantime, the air quality commission will hold a meeting and come out with the suggestion about moving from GRAP 4 to GRAP 3 or GRAP 2. We also make it clear that it is not necessary that all measures which are provided in GRAP 4 should be dispensed with. There can be a combination of measures in GRAP 3 and GRAP 2”.

The bench also sought to know the action taken against officers under Section 14 CAQM Act, for failing to implement anti-pollution measures.

Additional solicitor general Aishwarya Bhati, representing the Centre, said CAQM has issued show cause notice to the Delhi police commissioner, MCD commissioner, and the Delhi transport department regarding non-compliance of its order regarding the air pollution in the national capital.

Citing court commissioners’ report, the bench said there is complete failure of the concerned authorities to implement GRAP-4 measures in letter and spirit.

The bench also remarked that there was a complete failure in stopping the entry of trucks to Delhi in accordance with the restrictions in place under GRAP-4.

"There is complete failure. Police were nowhere in the picture. The trucks were allowed to enter the territory and had no way to go back," the bench said.

The court said it would continue to hear the matter related to air pollution in detail, as it is essential to find a long-term solution to the issue.

The bench said that issues like stubble burning, entry of trucks into the national capital region, and firecracker ban will be examined in detail.