Supreme Court refuses to withdraw fourth phase of Delhi-NCR Grap

The Supreme Court on Monday refused to relax stringent air pollution restrictions under Stage 4 of the Graduated Response Action Plan (GRAP) while allowing the Commission for Air Quality Management (CAQM) to consider relaxing physical activity rules for schools and educational institutions in Delhi and the National Capital Region (NCR) by the end of the day.

Smog in Ghaziabad on Monday. (Photo by Sakiba Ali/HT)

On Monday evening, the committee announced changes to Grapa clauses, allowing schools and colleges to conduct classes in a hybrid mode instead of conducting exclusively online classes.

The bench headed by Justice Abhay S. Oka also directed the CAQM to submit Air Quality Index (AQI) data by Wednesday, when the matter will next be heard, for deciding on further relaxations. “Until the court finds that AQI is on a continuing downward trend, we cannot allow CAQM to move to Stage 3 or 2.”

This means that the ban on construction activities is to be maintained but the bench, which also includes Justice Augustine George Masih, directed the CAQM to consider deciding on various mitigating measures in this regard and directed the states of Uttar Pradesh, Haryana and the National Capital Territory of Delhi providing employees with subsistence and daily wagers in line with the court’s earlier order issued in November 2021.

The court decided to make an exception in relation to educational institutions after a petition submitted by parents of disadvantaged pupils raised significant concerns about the closure of schools – both in terms of access to mid-day meals available to pupils and pupils and the lack of access to devices supporting online classes.

Additional Solicitor General (ASG) Aishwarya Bhati appearing for the Center and CAQM presented the average AQI data for the last five days, where the AQI dropped from 419 on November 20 to 318 on November 24. The court said: “We will instruct CAQM to include updated data (in the AQI) on Wednesday so that the court can decide on the continuation of GRAP 4 measures.

The matter was last heard on November 23, when the court appointed 13 young lawyers to act as judicial commissioners and visit entry points leading to Delhi to review the situation regarding enforcement measures under GRAP 4 banning entry of heavy trucks and light commercial vehicles (LCVs). registered out of state.

The commissioners told the court that during an inspection of 83 of the nearly 120 entry points, 23 of which are main entry points, several gaps were noticed in the implementation of GRAP 4 curbs. According to their reports submitted to the court, monitoring teams and police officers in most of the places they visited checkpoints were stationed only after the court’s order of November 23, although GRAP 4 was introduced in Delhi from November 18. Reports indicate the absence of barricades and transport enforcement teams advise which vehicles are to be exempted.

Addressing the government and Delhi Police on the reports, the bench said, “Show us a single document issued under the November 18 order informing people at entry points to stop heavy trucks and commercial vehicles.”

The court directed CAQM to immediately initiate action against the concerned officers under Art. 14 of the CAQM Act, 2021, which allows for the prosecution of public officials who violate the commission’s orders. ASG Bhati informed the court that on November 18, the Delhi Police itself had issued orders – though copies were not readily available in the court – to deploy policemen at 23 major entry points.

The bench said: “This in itself is negligence. Who decides to send the police only in 23 points. We will instruct CAQM to prosecute your commissioner for inaction.”

Delhi government senior advocate Shadan Farasat said that while the transport department has not issued any specific directions, enforcing court orders is the responsibility of the police and the CAQM has directly instructed the police in this regard.

The court was also informed of the plight of construction workers who were destitute during the period of GRAP 4 restrictions on the ban on construction of linear public projects such as highways, roads, viaducts, viaducts, power transmission, pipelines, telecommunications etc. The order was shown to the bench issued on November 24, 2021, when a similar situation occurred in connection with GRAP curbs.

The states of Haryana and UP then paid maintenance at the rate ₹1000 per week while Delhi paid registered workers a weekly sum of ₹5000. The court reminded the committee that pursuant to Art. 12 of the CAQM Act has the power to issue directions to various authorities to take measures to ensure that workers and daily wagers are not harmed.