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NGT directs Environment Ministry to report on air quality monitoring stations in NCR as air quality worsens

The National Green Tribunal (NGT) has directed the Ministry of Environment, Forest and Climate Change (MoEFCC) to place on record the details of Ambient Air Quality Monitoring Stations existing in the National Capital Region (NCR) and the proposed plan to increase their number along with their locations and feasibility of setting up Mobile Ambient Air Quality Monitoring Stations in the hotspots.

The Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr A. Senthil Vel  considered the issue of deteriorating air quality in Delhi NCR especially during winter. 

In the order dated 07.05.2024, the Tribunal had extracted data from 03.05.2024 to 06.05.2024 which had fallen in poor category being in the range of 264 to 291 yet GRAP I was not invoked in terms of Graded Response Action Plan as revised in October 2023 (page 470) of the paper book.

As required by the GRAP order stage I is required to be invoked when AQI is between 201 to 300. A reading of the GRAP order suggests that GRAP I become effective as soon as AQI crosses the 200. For GRAP II, III & IVin terms of Clause 2 of the GRAP order, the decision to invoke is taken at least three days in advance considering the projected level based upon the dynamic model and weather/meteorological forecast. In the said background the Tribunal had granted time to the CAQM to examine the issue as to why GRAP was not invoked during the above period when the air quality was poor.

The Commission for Air Quality Management (CAQM) has filed a reply dated 04.09.2024 taking a stand of the reply that the sub-committee was examining GRAP and monitoring and reviewing the Air Quality. It is not in dispute that during the period mentioned above the air quality fell to a poor level. Therefore the question arises whether it is the sub-committee that decides when GRAP I is to be invoked or whether GRAP I is invoked as soon as the AQI crosses the prescribed limit, the Tribunal noted.

The Counsel appearing for the CAQM sought time to obtain further instruction on the above issue.   

The Counsel for the MoEF& CC has also sought time to place on record the details of Ambient Air Quality Monitoring Stations existing in the NCR and the proposed plan to increase their number along with their locations and feasibility of setting up Mobile Ambient Air Quality Monitoring Stations in the hotspots. 

Let a fresh report in terms of the above be filed within two weeks, the NGT directed  listing the matter on 27.09.2024.

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