New Delhi: In view of the improvement in the air quality level in the National Capital Region, the Supreme Court on Friday allowed the Commission for Air Quality Management to relax the stringent GRAP-4 air quality control protocols to Stage-2. With the new directions, construction activities have been allowed and the ban is lifted on the entry of trucks, Delhi-registered BS-IV and below diesel-operated medium goods vehicles (MGVs) and heavy goods vehicles (HGVs) in the Delhi-NCR area.
As Delhi breathed clean air on Thursday with the AQI recorded in the “moderate” category of 165 at 7 pm.
The top court, however, made it clear that Stage-3 curbs would be introduced if the AQI crosses the 350 mark and Stage-4 curbs would be implemented if it goes over 400. The court allowed the relief after noting the AQI level in NCR did not cross 300 in the last four days.
A bench of Justices Abhay S. Oka and Augustine George Masih asked CAQM to include some additional measures of the Graded Response Action Plan Stage-3 in Stage-2 curbs.
The bench relaxed the GRAP measures after taking note of additional solicitor-general Aishwarya Bhati’s submission that the average AQI levels have been below the 300 mark since November 30.
In its order, the apex court said: "Up to November 30, the AQI levels were consistently above 300 and it is only during the last four days that the levels have come down below 300. It is true that at some stage the court will have to leave it to the commission (CAQM) to decide the applicability of stages under GRAP. Considering the data before us, we do not think it will be appropriate at this stage to allow the commission to go below Stage 2. So, we permit the commission to go to Stage-2 for the present."
"It will be appropriate if the commission may consider incorporating certain additional measures which are part of Stage-3. While we permit the commission to do so, we must record here that if the commission finds that the AQI goes above 350, as a precautionary measure, Stage-3 measures will have to be immediately implemented. If the AQI crosses 400 on a given day, Stage-4 measures will have to be re-introduced," the order said.
The bench posted the matter for December 12 for further monitoring the matter.
Citing the latest AQI figures, the ASG said: "There is a clear downward trend (in the AQI) but it is thanks to the meteorological conditions.”
Amicus curiae Aparajita Singh backed the move for GRAP-4 relaxation, She, however, stressed the need for constant monitoring.
The bench also directed that the appointment of court commissioners will continue till GRAP measures are in place and allowed them to submit reports before the top court in terms of earlier orders. “All orders passed earlier regarding giving them (court commissioners) protection will continue to operate,” the bench said.
While dispensing with the requirement of presence of the chief secretaries of NCR states before it, the bench directed the state governments to file affidavits on the subsistence allowance paid to the labourers who were out of work due to the enforcement of the GRAP-4 measures.
