SC Directs Continuation of Stage IV Graded Response Action Plan in Delhi Until Dec 2

SC Directs Continuation of Stage IV Graded Response Action Plan in Delhi Until Dec 2

On Thursday, the Supreme Court directed that Stage IV of the Graded Response Action Plan (GRAP), which is currently being implemented to address the severe air quality in Delhi, will remain in effect at least until December 2.

A bench of Justices Abhay S. Oka and Augustine George Masih further stated that, in the interim, the Commission for Air Quality Management (CAQM) will convene a meeting to discuss the possibility of relaxing the GRAP restrictions.

"We make it clear that all GRAP IV measures except for schools shall be continued till Monday," the Court said.

The Court also observed that there had been a complete failure in enforcing the restrictions under Stage IV of GRAP, particularly in preventing the entry of trucks into Delhi.

"There is complete failure. Police was nowhere in the picture. The trucks were allowed to enter the territory and no way to go back," Justice Oka observed on the basis of a report submitted to the Court.

Today, the Bench also emphasized that it would continue to hear the air pollution case in detail, with the goal of finding a long-term solution to the crisis. The Court clarified that it would address issues such as stubble burning, the entry of trucks into the National Capital Region, and the firecracker ban.

"We must have a machinery in place which can send us 24x7 data of stubble burning. That is the root problem you see and that is why this problem is arising... and States are very slow in taking action against the farmers," the Court said.

The Bench was hearing the case related to air pollution in Delhi and has been overseeing the actions taken by authorities in neighboring states of Punjab, Haryana, and Uttar Pradesh to address stubble-burning, among other issues. The Court had recently called for the strict implementation of Stage IV measures under the Graded Response Action Plan (GRAP) to improve air quality in the National Capital Region. 

The Court also appointed thirteen lawyers as 'advocate commissioners' to assess whether its earlier directives on restricting the entry of trucks from neighboring areas into Delhi were being effectively enforced. On November 25, the Court ordered the Commission for Air Quality Management (CAQM) to revisit the decision regarding the closure of schools in the NCR, particularly for classes 10 to 12. Following this, the Commission instructed the States to permit hybrid classes.

Today, the Bench raised concerns about a notification that allows certain activities permitted under GRAP III to continue, even while GRAP IV remains in effect.

"Notification says activities permitted under Stage 3 will continue to be permitted as usual. I do not know what does it mean," the Court said.

Additional Solicitor General (ASG) Aishwarya Bhatti stated that Delhi's neighboring states must also take action regarding the entry of trucks, and that the Commission for Air Quality Management (CAQM) has already communicated with them on this matter. Bhatti further assured the Court that the notification flagged by it would be withdrawn.

Meanwhile, the Court also took note of a news report alleging that stubble burning was being permitted by officials after 4 PM. The Court directed authorities in Punjab to take appropriate action if the media report is found to be accurate.

"We have gone through an India Today report which shows that land revenue officers advising farmers to burn stubble after 4 pm. If correct it is a violation. State authorities cannot advise such and Government of Punjab shall immediately advise all officers to not indulge in such actions," it said

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