Air pollution: SC directs action against officials for ‘serious lapse’ in ensuring GRAP-IV curbs

PTI, Nov 25, 2024, 6:22 PM IST

The Supreme Court on Monday censured the AAP government and the Delhi police for a “serious lapse” on their part in the strict implementation of GRAP-IV measures and directed the Commission for Air Quality Management to take action against the erring officials.

A bench of Justices Abhay S Oka and Augustine George Masih said the authorities made no efforts to implement GRAP-IV measures.

“It is apparent that the authorities mentioned in GRAP-IV clauses 1, 2 and 3 have made no earnest efforts to implement action under clauses 1 to 3. Some police teams were deputed at a few entry points that also without any specific instructions,” it said.

Calling for action against the erring officials, the bench said, “(Court) commissioners have noted that police were only deployed as on November 23 and thus a serious lapse on part of authorities. We, therefore, direct commission to immediately initiate action under Section 14 of CAQM Act 2021.” Section 14 of the CAQM in National Capital Region and Adjoining Areas Act, 2021 deals with the punishment for non-compliance of its provisions.

Refusing to relax GRAP-IV curbs, the top court said unless the court was satisfied of there being a “consistent downward trend of AQI”, it couldn’t permit the commission to go down to Stage 3 or 2 of the GRAP.

The bench earlier asked Additional Solicitor General Aishwarya Bhati, appearing for the Centre, and Senior advocate Shadan Farasat for Delhi government, if there was any written order directing police to station permanently at the checkpoints.

“What steps Delhi government took to inform the people stationed at 13 entry points to stop entry of trucks?” the bench asked.

When Bhati informed the bench that orders were given to the police to deploy personnel at 23 major checkpoints, it remarked, “Why only at 23? This is negligence that it was done on only in 23 points. We will direct the commission to prosecute commissioner of Delhi police under section 14 CAQM Act.” The top court directed the CAQM to place the updated data on AQI in order to take a call on GRAP IV measures on the next hearing on November 28.

The apex court is seized of the matter related to air pollution in the Delhi-NCR. First implemented in 2017, the GRAP was a set of anti-air pollution measures followed in the capital and its vicinity according to the severity of the situation.

It classifies the air quality in the Delhi-NCR under four different stage — Stage 1 “poor” (AQI 201-300), Stage 2 “very poor” (AQI 301-400), Stage 3 “severe” (AQI 401-450) and Stage 4 “severe plus” (AQI above 450)