Delhi-NCR Pollution: SC Clears GRAP Rejig, Stricter Curbs to Kick In at Lower AQI Levels

Delhi-NCR Pollution: On Wednesday, the Supreme Court made amendments of the Graded Response Action Plan (Grap) Capital Region more significant, due to short-term steps suggested by the Commission of Air Quality Management (CAQM) in response to the crisis of pollution in winter in the capital.

The suggested changes include moving stricter actions to earlier levels with some stage 4 efforts (when the AQI is above 450) being leveled to stage 3 (AQI 401-450), stage 3 efforts in level 2 (AQI 301-400) and stage 2 imperatives in Level 1 (AQI 201-300).

“We are of the view that any proactive action in reducing air pollution would always be welcome. We expect the CAQM, while taking such action, to consult all stakeholders,” said a bench of Chief Justice of India Bhushan R Gavai and justice K Vinod Chandran.

The court also requested CAQM to explore the idea of advising schools in Delhi-NCR to delay open-air sports events scheduled in November ad December to try to keep the air pollution levels low, with an eye on the air pollution conditions, PTI reported.

The particular steps, which the CAQM suggested in a note, which it filed before the court as short-term and long-term steps to deal with the pollution issue, relate to the office hours and staff, and the power supply in general. According to the note, in the case of the imposition of Grap stage 3, the governments of Delhi-NCR will be forced to decide whether to allow public, municipal and private offices to operate on 50 percent strength on-site or not. The same decision will have to be made by the central government offices.

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A CAQM official explained that this was an advisory one and not a compulsory one.

Likewise, the CAQM declared that it offered to request Delhi-NCR and central governments to introduce staggered timings to all public offices when stage 2 is invoked rather than stage 3 as has been the case.

The commission will guide NCR states in the new plan to maintain continuous power in order to deter the use of diesel generators, and request states to increase public transport with the use of CNG and electric buses, which will avoid congestion in traffic intersections as well as sensitising the population with dos and don’ts by issuing public advertisements.

One of the CAQM officials said the order of the Supreme Court on Grap will be reconsidered and the instructions put in place.

Sunil Dahiya, the chief analyst and founder of the think-tank Envirocatalysts that the need of the hour was proactive measures, including revising some Grap stages, and one thing reflecting that point was the submission of CAQM before the SC which had also pointed to the need to capping coal combustion and the need to limit high-emitting privately owned vehicles. “What is interesting to see is that CAQM has been asked to consult all stakeholders while deciding on curbs for emission reduction, which includes the citizens, so key would be to see citizen participation in key decisions on air pollution and emission reduction, and how can that be ensured while also hearing other stakeholders from power, automobile or other industries,” Dahiya said.

Senior advocate Aprajita Singh, who is supporting the bench as an amicus curiae, also pointed out the unprogress in the court. The school sporting activities were directed after Singh indicated that when the elders are sitting in closed areas with air purifiers on, children are training on competitions of sports and games in a gas chamber which is open. “Children are most vulnerable. Holding sports now is like putting them in gas chambers,” she said, according to PTI.

“We request CAQM to take this into consideration and issue necessary directions to shift such sport competition to safer months,” the chief justice said.

In a statement, CAQM reported that considering the findings of the SC, it held a consultative meeting with the representatives of the department of School Education and Literacy, Ministry of Education, NCR state governments, Sports Authority of India and representatives of NCR state Pollution Control Boards (SPCBs) to look at the current trends in air quality and discuss about the measures to protect the health of children.

“In compliance with the observations made by the SC....the CAQM has written to the governments of NCT of Delhi, Haryana, Rajasthan and Uttar Pradesh to take immediate and appropriate action to ensure that physical sport competitions scheduled in the months of November and December may be postponed keeping in view the air quality trends prevailing in the area where such events are scheduled to be organized,” CAQM said.

According to the court, pollution cannot be taken up at a time when it has reached alarming levels since it should be monitored at all times throughout the year. “It will be appropriate that this court, rather than rushing into the matter when pollution is at its peak, take up the case throughout the year on a monthly basis where the status reports of ministry of environment, forests and climate change and CAQM can be taken up.”

The bench indicated that reactive actions were not to be undertaken at times that pollution peak was reached and the main plea be listed once every month so that the application of anti-pollution strategies could be carried out on a regular basis as reported by PTI. The court saw that temporary or piecemeal measures are not sustainable when trying to provide an answer.

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On December 10, the court put the issue back on further hearing.

Other Solicitor General Aishwarya Bhati who was representing CAQM and the Centre told the court that the short term and long-term measures were issued after the MoEFCC had a meeting with chief secretaries of Uttar Pradesh, Haryana, Punjab, Delhi and the additional chief secretary of Rajasthan. The chairman of CAQM was present at the meeting as well.

In that conference, the ASG informed the court, it was also resolved that under the controlling of vehicular emissions, the BS-III and below standard vehicles were to be excluded as far as the view of the court order of August 12. The court by this order declared that they would not take any coercive measures against the owners of 10 years old diesel and 15 years old petrol cars in Delhi.

This amicus supported this recommendation by stating that BS-III cars are also aged above 15 years otherwise. According to her, there is now better fuel technology with BS-IV and BS-VI fuel with significantly lower emissions standards. The court indicated that it read an article that age of vehicles does not have anything to do with quality of emissions. However, the court observed, “We have now said that all measures to reduce pollution are welcome.”

The court also urged the governments of Punjab and Haryana to abide by the recommendations of the CAQM on the matter of stubble burning in the two states, PTI reported, adding that though the incidences of stubble burning have reportedly reduced in Punjab, the levels of air quality have not yet improved, according to PTI.

A group of construction workers who work in the Delhi and NCR districts told the court that a period of one week has passed since Grap stage 3 putting curbs imposed on construction and demolition works. The respective state governments, however, have not been paying subsistence allowance to the workers during the time when there was no work.

On this, the bench ordered all the NCR states to pay the amount of allowance required and demonstrate the compliance of this order by submitting an affidavit by the next hearing date.

The chief justice said, “We have already expressed our concern that labourers who depend on activities which are banned cannot be deprived of their livelihood.”

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