Supreme Court refuses to ease GRAP-IV pollution curbs in Delhi, cites ‘abject failure in implementation’

While directing the continued implementation of GRAP IV, the bench had on Monday left it to the Commission for Air Quality Management (CAQM) to decide on reopening schools (Classes 4 onwards) and other educational institutions. After reviewing the situation, the bench on Thursday directed that the emergency measures should continue till December 2, when it will again take stock of the situation.

“In the meantime, CAQM will hold a meeting and come up with suggestions on moving from GRAP IV to GRAP III or GRAP II,” the bench ordered, adding that it is not necessary that all measures that are provided in GRAP IV be dispensed with. “Instead, there can be a combination of measures in GRAP III and GRAP IV. It asked the CAQM to present its suggestions latest by the next date of hearing.” Justice Oka said that the court will take a call on imposing a year-round ban on firecrackers in Delhi-NCR after hearing the Delhi government and NCR states.

The court, which perused data on crop burning incidents in Punjab and Haryana, added, “It’s very clear that both the states were very slow in taking action against the farmers. We want machinery to be in place so that we get stubble burning data 24×7.”

Taking note of submissions that farmers were being advised to burn stubble only after satellites have passed, Justice Oka said, “Everybody is smart to understand that data is not captured after 1.30 pm. We propose to hear all the parties as all this is because sowing is done belatedly. Then there is this local act —The Punjab Preservation of Subsoil Water Act, 2009. So we want to go to the root of the matter and issue directions.”

The court said it will take up the matter in December and January so to plan in advance for the next year.

At the start of the proceedings on Thursday, the bench outlined a “complete failure” of authorities in stopping the entry of trucks into Delhi in accordance with the restrictions in place under GRAP IV.

“There is complete failure. Police were nowhere in the picture. The trucks were allowed to enter the territory and had no way of going back. Some of the photographs we saw, police were seen standing inside the boundary. So people come with truck inside and no purpose is solved,” it observed. Bhati pointed out that the majority of the trucks were entering into the city through the 13 major checkpoints and some banners would make the drivers aware that they were not allowed to enter. Amicus curiae and senior advocate Aparajita Singh submitted that trucks should be stopped at the NCR border instead of the Delhi border.

The bench said the 13 apex court lawyers, appointed as court commissioners to conduct inspection at entry points, would continue to visit areas and submit reports to the court.

The CAQM came under the court’s criticism over a clarification issued by its Director (Technical) which, while stating that construction and demolition activities are banned under GRAP IV, added, “However, other activities that are permitted under Stage-III, will continue to be permitted.” “How can you say that?…This is overreaching the orders of the court…They cannot do that…If you issue such directions, everybody will be misled. Stage IV is in operation. Stage IV must remain in operation. What was the necessity to issue such a guideline?…It will give a signal that as if the GRAP III continues”, said the court.