Supreme Court permits scaling down of GRAP restrictions from Stage-IV to Stage-II in Delhi amid improved air quality

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Supreme Court: In the matter concerning Delhi’s air pollution, the division bench of Abhay S Oka and Augustine George Masih, JJ. noted a significant improvement in air quality. They observed that the average Air Quality Index (AQI) levels had remained below the 300 mark since November 30, 2024. Based on this positive trend, the bench permitted the Commission for Air Quality Management (CAQM) to scale down the Graded Response Action Plan (GRAP) restrictions from Stage-IV to Stage-II.

The Court also advised the CAQM to consider incorporating additional measures under GRAP Stage-III. The bench instructed that if the AQI surpasses 350, GRAP-III should be enforced, and if the AQI exceeds 400, GRAP-IV must be implemented.

Further, the Court directed the Delhi government to pay court commissioners a remuneration equivalent to the Panel B counsels as fixed by the Union of India. This decision came in the context of the Delhi Pollution Control Committee (DPCC), which had been issuing show-cause notices for violations of GRAP, including the names of court commissioners in these notices. The Court emphasized that authorities responsible for enforcing GRAP should refrain from naming court commissioners in such notices.

The Court further continued the appointment of court commissioners for as long as GRAP measures remain in force. The Court also allowed the commissioners to submit their reports in line with previous orders. In its ruling, the Court affirmed that all earlier directives regarding the protection of the court commissioners would continue to remain in effect.

The matter will next be taken up on 12-12-2024.

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Source: Press

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