Delhi air pollution: Supreme Court tells CAQM to decide on lowering GRAP restrictions to Stage II

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Delhi air pollution: Supreme Court asks CAQM to decide on lowering GRAP restrictions to Stage II following improvement in AQI


Considering the improved air quality of Delhi, the Supreme Court on Thursday directed the Commission for Air Quality Management (CAQM) to take a call on whether the Graded Response Action Plan (GRAP) Stage-IV restrictions, currently in place in the national capital, can be reduced to Stage II.

The Bench of Justice Abhay S Oka and Justice Augustine George Masih further advised the Commission to consider adding certain measures under GRAP-Stage III. In case the AQI crossed 350, GRAP-III should be imposed and if it crossed 400 again, GRAP-IV must be imposed.

The Court made the observations after taking note of the submission of Additional Solicitor General Aishwarya Bhati that the average AQI levels have been below the 300 mark since November 30.

It recorded in its order that up to November 30, the AQI levels were consistently above 300. During the last four days, the levels have come down below 300.

The Bench further said that at some time, it would have to leave it to the Commission to decide the applicability of stages under GRAP. The matter was listed for further hearing on December 12.

ASG Bhati submitted that as since the latest AQI figures showed a clear downward trend, GRAP measures could be relaxed.

Noting that restrictions imposed under Stage 4 of GRAP were very ‘disruptive’ for normal life, the ASG said even GRAP-1 need not be imposed given the present situation.

Agreeing to the demand for relaxation in GRAP IV measures, Amicus Curiae in the matter, Senior Advocate Aparajita Singh said there was a need for constant monitoring of the situation.

Earlier on December 2, the Apex Court had observed that it would allow the relaxation of GRAP-4 restrictions only after seeing a consistent downward trend in the AQI of Delhi.

The Bench had reprimanded the Delhi Police for not ensuring the safety of 13 Advocates, who were deputed as Court Commissioners to check the ban on entry of trucks in Delhi.

The top court of the country directed the Delhi government to pay Court Commissioners remuneration equivalent to Panel B counsels as fixed by the Union of India on the grounds that the Delhi Pollution Control Committee, while issuing showcause notices for GRAP violations, had included the names of Court Commissioners.

The Bench further directed the authorities taking action under GRAP not to name the Court Commissioners in such notices.

The appointment of Court Commissioners would continue as long as GRAP measures remained in force in Delhi, said the Apex Court, adding that orders passed earlier regarding their protection would also remain in force.

The top court of the country further permitted the CCs to submit reports in line with earlier orders.

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