Categories: LAW AND ORDER

Supreme Court Extends GRAP Stage IV Enforcement in Delhi Amid Rising Pollution Concerns

The Supreme Court has extended the enforcement of Stage IV of the Graded Response Action Plan (GRAP) in Delhi and the National Capital Region (NCR) until at least December 2, citing the ongoing need for stringent measures to address severe air pollution. This decision comes as the Commission for Air Quality Management (CAQM) reviews the implementation of anti-pollution strategies, amid concerns over lapses in enforcement.

Key Issues Highlighted by the Court

  1. Lapses in Implementation
    • Truck Restrictions: The Court flagged the failure to prevent unauthorized trucks from entering Delhi, with Justice Abhay S. Oka noting a “complete failure” in compliance enforcement and the absence of police intervention.
    • Stubble Burning: Persistent stubble burning in neighboring states like Punjab, Haryana, and Uttar Pradesh was identified as a root cause of pollution. Allegations that Punjab officials permitted stubble burning after 4 PM prompted the Court to demand immediate corrective action.
  2. Inconsistent GRAP Enforcement
    • The Bench criticized instances of Stage III activities being permitted during Stage IV enforcement, which undermines the severity of GRAP’s most stringent measures. The Additional Solicitor General assured the withdrawal of such notifications.
  3. Educational Disruptions
    • Addressing concerns about school closures due to poor air quality, the Court directed CAQM to reconsider its stance, resulting in a recommendation for hybrid learning models for higher grades to minimize disruptions.

GRAP Stage IV: Key Restrictions

Stage IV of GRAP, designed for periods of “severe plus” air quality, includes measures such as:

  • Complete ban on construction and demolition activities, except for essential projects like hospitals and railways.
  • Ban on the entry of trucks, except those carrying essential commodities.
  • Closure of educational institutions, if needed.
  • Prohibition of industrial activities that rely on non-clean fuels.

Court’s Observations on Long-Term Solutions

The Bench, comprising Justice Abhay S. Oka and Justice Augustine George Masih, emphasized the need for systemic reforms to address Delhi’s recurrent air pollution crisis. Key observations included:

  1. Real-Time Monitoring: The Court called for the establishment of 24×7 monitoring systems to track stubble burning and pollution levels more effectively.
  2. Collaborative Approach: Neighboring states must intensify efforts to curb agricultural fires and coordinate with Delhi to mitigate air quality impacts.
  3. Comprehensive Enforcement: Ensuring compliance with truck restrictions, industrial bans, and other measures under GRAP is critical to reducing pollution.

Broader Implications

Delhi’s air pollution crisis continues to pose a severe public health threat, exacerbated by seasonal factors such as stubble burning, vehicular emissions, and industrial activities. The Supreme Court’s intervention underscores the urgency of stricter enforcement, robust monitoring, and accountability from state and central authorities.

As the Court prepares to delve deeper into related issues like stubble burning, firecracker bans, and infrastructure improvements, its directives aim to foster sustainable, long-term solutions that prioritize public health and environmental preservation.

The extension of GRAP Stage IV enforcement reflects the judiciary’s proactive role in holding authorities accountable and protecting citizens from the harmful effects of air pollution.

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Ashutosh Dubey

legal journalist,Public Affair Advisor AND Founding Editor - kanishksocialmedia-BROADCASTING MEDIA PRODUCTION COMPANY,LEGAL PUBLISHER

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