The Supreme Court on Thursday issued notice to the National Capital Region (NCR) states over their ‘abject failure’ in strict implementation of Stage IV of the Graded Response Action Plan (GRAP), to tackle the rising pollution levels in Delhi.
The Bench of Justice Abhay S Oka and Justice Augustine George Masih further ordered the extension of Stage IV GRAP measures till December 2, except for schools.
The Apex Court further directed the Commission for Air Quality Management (CAQM) to conduct a meeting and suggest whether some relaxations could be provided under GRAP IV or if the national capital was ready to move to GRAP III or GRAP II. The CAQM may also consider to implement a combination of measures under GRAP III and GRAP II, it added.
The Bench, however, said that no additional exceptions could be granted for the entry of trucks in Delhi, except those carrying essential goods or providing essential services and LNG/CNG/Electric/BS-VI trucks.
The Apex Court passed the order after perusing the report filed by 13 lawyers previously appointed by the Court as Court Commissioners to examine whether its earlier directives to restrict the entry of trucks from neighbouring areas into the national capital were being properly enforced.
The Court Commissioners alleged that the authorities had failed to strictly enforce the GRAP-IV measures. They said the trucks were allowed to enter the limits of Delhi and then after travelling some distance, they would takea u-turn back to from where they had arrived from.
The Apex Court directed the NCR states to file a response by December 2, detailing the steps they proposed to take, in connection with the breaches indicated by the Court Commissioners.
The top court of the country also came down heavily on CAQM over a clarification issued today, permitting certain construction activities in Delhi-NCR.
Issued by RK Agarwal, Director (Technical) of CAQM, the notification banned construction and demolition activities under GRAP IV. The Commission, however, permitted certain other activities, which were allowed under Stage-III.
The Apex Court observed that the clarification was bound to create confusion, as there was a complete ban on construction and demolition activities under GRAP-IV.
Additional Solicitor General Aishwarya Bhati submitted that it only clarified what was permitted and what was not. The Commission was not picking and choosing a hybrid of measures under GRAP Stage III and IV.
The Bench remarked that there was no exempted category under GRAP IV. The notification would create a lot of confusion and mislead everyone. The Court asked the ASG, who had the power to issue this.
Noting that there was no necessity for such a clarification, the top court of the country directed the Commission to immediately withdraw the same.
The ASG submitted that the CAQM would withdraw the notification.
Court Commissioner Manan Verma apprised the Bench that GRAP-IV measures were not being implemented at the ground level. While factories ran for 24 hours, construction activities continued in posh colonies. Even waste burning was taking place at certain places, he added.
Amicus Curiae Senior Advocate Aparajit Singh submitted that trucks should be stopped at the NCR border instead of the Delhi border. Citing the report of another Court Commissioner, she said that cement was being transported in some trucks under bags of wheat flour (exempted commodity).
Another Court Commissioner told the Bench that the border points did not have CCTV cameras. Besides, no civic volunteer or official from the Delhi government had been deployed at these points.
Noting that a logical conclusion should be arrived at in the matter, the Apex Court said that action should be taken against those in charge of these areas.3