As Delhi Air Quality Improves, SC Allows CAQM To Relax GRAP-4 Curbs

The Supreme Court permitted CAQM to scale back GRAP-4 anti-pollution measures to stage-2 in NCR, citing improved air quality and lower AQI levels.

New Delhi:The Supreme Court on Friday allowed the Commission for Air Quality Management (CAQM) to relax the anti-pollution GRAP-4 (Graded Response Action Plan) measures to stage-2, in the national capital region against the backdrop of improvement in the air quality index (AQI) levels.

The matter came up before a bench comprising justices Abhay S Oka and Augustine George Masih. The bench suggested the CAQM include some additional measures of GRAP-3 in stage-2 curbs.

The bench noted that up to November 30, the AQI levels were consistently above 300, but during the last four days the AQI levels have come down below 300. The bench said it is true that at some stage it will have to leave it to the CAQM to decide the applicability of stages under GRAP.

The bench told the CAQM that stage-3 curbs would be introduced if AQI crossed the 350 mark and stage-4 curbs if AQI crossed 400.

Additional Solicitor General Aishwarya Bhati contended that as per the latest AQI figures, GRAP-4 measures can be relaxed, as there is a clear downward trend in the AQI. Bhati stressed that GRAP-4 measures are "very disruptive".

Referring to the data submitted to the court, the bench said it does not think it will be appropriate at this stage to allow the commission to go below Stage 2.

“So, we permit the commission to go to stage 2 for the present. It will be appropriate if the commission may consider incorporating certain additional measures which are part of Stage 3”, said the bench. However, the bench made it clear that if AQI crosses 400 on a given day, stage 4 measures will have to be re-introduced.

The top court also pulled Delhi's Chief Secretary for not paying subsistence allowance to all thousands of construction workers after they remained jobless following the imposition of GRAP-4 curbs. The bench questioned, is this how a welfare state functions? And, is the government not aware that construction workers were starving?

The top court directed the National Capital Region (NCR) states - Delhi, Rajasthan, Uttar Pradesh and Haryana- to convene a meeting with all workers' unions and appeal to them to get the workers registered in the online portal so that they become eligible to receive the subsistence allowance.

The Delhi government had announced that Rs 8,000 would be paid to each of the 90,000-plus workers who were hit by the court's construction ban due to GRAP-4 curbs.

In the case of Delhi, only a partial payment was made. The bench asked, "When will you pay the balance amount? They are verified that is why they were paid Rs 2000? …We are straightaway issuing contempt notice to you, this is not done…..”.

Delhi’s Chief Secretary, who was virtually present in the proceedings, said they have provided immediate succour and added, "we will pay tomorrow….”.

Justice Oka asked, “Should we record your statements that there are only 90,693 construction workers in Delhi? If it is found to be false, please know the consequences”. The chief secretary said they would have the figure "reverified".