New Delhi: The Supreme Court on Monday directed Delhi and all the governments in the National Capital Region (NCR) to strictly implement GRAP stage IV anti-pollution measures as AQI (Air Quality Index) remains in the "severe" category.
A bench of Justices Abhay S Oka and Augustine George Masih also directed Delhi-NCR states to constitute immediate teams for monitoring actions which are required under it.
It said that its further orders implementation of GRAP stage IV shall continue even if AQI falls below 450 and asked all NCR states and central government to file compliance affidavit.
"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," ordered the top court.
It asked the Commission for Air Quality Management (CAQM) to consider stringent action under GRAP stages III and IV and that nothing is left to the discretion of the state or authorities. The apex court also expressed dissatisfaction with the CAQM for waiting for the AQI to breach the threshold to enforce the GRAP-III and GRAP-IV protocols.
"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 a 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," the bench stated.The top court further directed all the NCR state governments and centres to immediately take a call on steps on formulation of a plan on controlling measures to curb air pollution and present them to the court before the next date of hearing.
It also directed Delhi and NCR governments to set up a grievance redressal mechanism to report violations of the step.
GRAP is a set of anti-air pollution measures followed in the national capital and its vicinity according to 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 pollution-free environments. 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 added.
The apex 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.
As the petitioner's counsel mentions that students of class 10th and 12th are still attending physical classes in schools unlike other students and urges to stop those physical classes as well, the Supreme Court said all NCR states should take an immediate call to stop physical classes of all standards up to class 12.
The apex court was hearing the case relating to the pollution in Delhi-NCR.
