The Supreme Court on Monday criticised the Delhi government for delaying the implementation of Stage 4 of the Graded Response Action Plan (GRAP), asserting that stringent preventive measures would remain in place until further orders, regardless of any improvement in air quality.
“We will not allow scaling down of preventive measures under Stage 4, even if the Air Quality Index (AQI) drops below 450. Stage 4 will continue until the court grants permission,” stated a bench comprising Justices Abhay S Oka and Augustine George Masih.
The court emphasised the urgency of invoking Stage 4 measures the moment AQI levels range between 300 and 400. “How can you take risks in such critical matters by delaying the enforcement of GRAP Stage 4?” the bench questioned.
The Commission for Air Quality Management (CAQM) had announced stricter pollution control measures under GRAP Stage 4, which took effect at 8 am on Monday. These measures include a ban on the entry of trucks and the suspension of construction activities for public projects.
Delhi continues to face hazardous pollution levels, worsened by stubble burning in neighbouring states. On Monday morning, AQI readings in various parts of the city were alarmingly high, with Mundka recording 919, ITI Jahangirpuri at 762 and Anand Vihar at 624, all categorised as ‘severe-plus’.
The Supreme Court has repeatedly criticised the lack of coordination among the Centre, CAQM and state governments, including Punjab and Haryana, calling their collective response inadequate and ineffective.
Despite the Delhi Pollution Control Committee’s ban on firecrackers until January 2025, enforcement remains a significant challenge. The bench previously criticised the laxity observed during Diwali celebrations, remarking that no religion justifies actions detrimental to public health.
The court reprimanded the Delhi Police for inadequate enforcement, highlighting that only raw materials had been confiscated. The bench ordered the Delhi Police Commissioner to establish a specialised enforcement cell for the National Capital Region (NCR) and submit a personal affidavit outlining the measures taken.
Underpinning its directives, the court reiterated that the right to live in a pollution-free environment is a fundamental right under Article 21 of the Constitution. It further instructed the Delhi government to decide by November 25 on whether to impose a permanent ban on firecrackers.
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