New Delhi, Nov 28 : The Supreme Court on Thursday refused to relax emergency measures under Stage 4 of the Graded Response Action Plan (GRAP) to deal with air pollution in the national capital, ordering it to continue till December 2 even as the Centre said the AQI was in "manageable limits". A bench of Justices Abhay S Oka and Augustine George Masih said the report submitted by the court commissioners showed an "abject failure" of authorities in implementing the GRAP IV curbs in letter and spirit. We make it clear that all GRAP IV measures except the measures which are modified in respect of the schools will continue to operate till Monday. In the meantime, Commission for Air Quality Management (CAQM) will hold a meeting and come out with the suggestion about moving from GRAP IV to GRAP III or GRAP II. We also make it clear that it is not necessary that all measures which are provided in GRAP IV should be dispensed with," the bench said.

The top court further clarified that the entry of all trucks -- except those carrying essential goods or providing essential services and LNG/CNG/electric/BS-VI-fitted trucks -- were banned in national capital as per GRAP-IV measures. On the issue of action against officials for a "serious lapse" in ensuring the GRAP IV curbs, Additional Solicitor General Aishwarya Bhati said notices have been issued to commissioner of police, special commissioner (traffic), additional chief secretary, transport commissioner, commissioner (MCD) seeking their explanation by December 2. The top court said the action against officials needed to be expedited.

Bhati said the AQI was in "manageable limits" and the court should consider relaxing the norms. An AQI between zero and 50 is considered "good"; 51 and 100 is "satisfactory"; 101 and 200 is "moderate"; 201 and 300 is "poor"; 301 and 400 is "very poor"; whereas between the range 401 and 500 it is "severe". The bench took note of a media report related to Punjab wherein a land record officer and president of the Sangrur Block Patwari Union, reportedly admitted to advising farmers to burn stubble after 4 PM to avoid satellite detection. We are not on the correctness of this news but if it is correct it is very serious. The (Punjab) state officials cannot permit any farmer to take advantage of the fact that at present activities are being detected which take place during few hours of the day. The Punjab government should immediately issue instructions to all officers not to indulge in any such activities," the bench said.

GRAP-4 restrictions specifically relate to restricting entry of trucks carrying non-essential goods into the national capital. First implemented in 2017, the GRAP was a set of anti-air pollution measures followed in the capital and its vicinity according to the severity of the situation. At the start of the proceedings on Thursday, the bench outlined a "complete failure" of authorities in stopping the entry of trucks into Delhi in accordance with the restrictions in place under GRAP IV. There is complete failure. Police was nowhere in the picture. The trucks were allowed to enter the territory and no way of going back. Some of the photographs we saw, police was seen standing inside the boundary. So people come with truck inside and no purpose is solved," it observed.

Bhati pointed out that majority of the trucks were entering into the city through the 13 major check points and some banners would make the drivers aware that they were not allowed to enter. Amicus curiae and senior advocate Aparajita Singh submitted that trucks should be stopped at the NCR border instead of the Delhi border. The bench said the 13 apex court lawyers, appointed as court commissioners to conduct inspection at entry points, would continue to visit areas and submit reports to the court.

The apex court is seized of the matter related to air pollution in the Delhi-NCR. The apex court on November 25 asked the CAQM to consider restarting physical classes in schools and colleges in the national capital region and adjoining areas noting students were being deprived of mid-day meals and lacked wherewithal to attend virtual classes. The top court previously flagged the Delhi government's failure in enforcing anti-pollution GRAP-4 restrictions relating to entry of trucks in the national capital and directed immediate setting up of check posts at 113 entry points. 

/Agencies