Today, the Supreme Court permitted the Commission for Air Quality Management (CAQM) to relax the existing restrictions in the National Capital Region aimed at addressing the severe air quality situation.
A bench of Justices Abhay S Oka and Augustine George Masih granted permission for the authorities to reduce the air quality measures from Stage IV to Stage II of the Graded Response Action Plan (GRAP). However, the Court also directed the CAQM to implement additional measures from Stage III.
"We have perused the figures of AQI from Nov 18- Dec 4. Up to Nov 30, it was consistently above 300 and it is only during last 4 days that the levels came down below 300. It is true that at some stage the court will have to leave to to Commission to decide about GRAP applicability. Considering the data placed before us, we do not think that it will be appropriate at this stage to allow Commission to go below Stage 2," the Court said.
The Court further clarified that if the Air Quality Index (AQI) exceeds 350, Stage III must be promptly implemented as a precautionary measure.
"If AQI crosses 400 on a given day, Stage 4 to be reintroduced," it ordered.
The Bench was hearing the case related to the Delhi air pollution crisis, with the Court monitoring actions taken by authorities in neighboring States to address stubble-burning and other contributing factors. Recently, the Court had directed the CAQM to decide on relaxing the GRAP restrictions in place in the National Capital Region.
During today's hearing, Additional Solicitor General (ASG) Aishwaraya Bhati informed the Court that the air quality had improved due to favorable meteorological conditions, and therefore, the restrictions should be eased. Bhati also mentioned that the Commission had proposed a hybrid approach, combining Stage II and Stage III under the GRAP, as a step down from Stage IV.
"Lordships may look at holistically how Delhi air behaves during November December. Our meteorological conditions do not allow European or Finland like conditions unfortunately my lords," Bhati said.
"Let us operate the GRAP schedule as per AQI. It is now predicted that it won't go beyond Stage II," she added.
When the lawyers today expressed gratitude for the Court's intervention on air quality in Delhi-NCR, Justice Oka said,
"We have always thought we are not that powerful. We can only direct authorities"
"You should. Develop a mechanism to track both farm and garbage fires. Can take help of maybe ISRO else there is no control of these activities. We want to enter into wider area also on why there is showing much variance in Delhi on why one place it is very high, else where low," the Court said.
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