The Supreme Court's order came after noting the submission of Additional Solicitor General Aishwarya Bhati, who highlighted that the average AQI levels have remained below the 300 mark since November 30.The Supreme Court on Thursday permitted the Commission for Air Quality Management (CAQM) to reduce the Graded Response Action Plan (GRAP) Stage-IV restrictions to GRAP-Stage II in Delhi-NCR.
The top court decided to relax the restrictions after observing improvement in the Air Quality Index (AQI) in the past few days.
A division bench comprising Justices Abhay S Oka and Augustine George Masih also advised the CAQM to consider adding certain measures under GRAP-Stage III. If the AQI crosses 350, GRAP-III should be imposed and if it crosses 400, GRAP-IV must be immediately imposed, the SC ordered. The bench further said, "It is true that at some stage the court will have to leave it to the commission to decide applicability of (GRAP) stages. Considering the data (of AQI) placed before us, we do not think that it will be appropriate for the commission to allow it below stage II." The bench said that "further monitoring (of pollution in Delhi-NCR) is required" by the court.
Additional Solicitor General of India Aishwarya Bhati submitted that as per the latest AQI figures, GRAP measures can be relaxed. Submitting that there is a "clear downward trend," Bhati submitted that GRAP-IV measures are "very disruptive" for normal life. The ASG submitted that even GRAP-I need not be imposed given the present situation.
In a related development, the SC hauled up Delhi Chief Secretary Dharmendra for failing to fully compensate the construction workers affected by the restrictions on construction activities which are in place to tackle the declining air quality in the national capital.
The bench questioned why the authorities had not paid full amount to the registered workers despite court directions. As the chief secretary sought ten days' time to make the payment, Justice Oka verbally observed: "You want workers to starve? This will not be tolerated. What is this going on? Is this a welfare state?" The bench even warned that it would issue contempt notice to the chief secretary for non-compliance of court directions.
At the last hearing, the SC had directed chief secretaries of Delhi-NCR states to remain present virtually (via video conferencing). The said direction was passed after the bench had taken serious note of the failure of states in the National Capital Region (NCR) to compensate construction workers whose livelihood has been affected by the halt of construction activities.
The SC today also sought to know if there is any "protocol to assess garbage burning". The bench said that the authorities will have to "develop a mechanism whereby farm and garbage burning can be assessed." The top court reiterated its concern to find "permanent solutions for solid waste management rules, stubble burning" and other issues. The case will come up for resumed hearing next Thursday.
The top court, at the last hearing, had verbally remarked that there is "no policy in place" to deal with the rising pollution. "There is hardly any implementation... we want to go into each and every aspect," the bench had added at the last hearing.
