No relaxation of GRAP-4 without court's nod: Supreme Court slams Delhi government over anti-pollution curbs delay

NEW DELHI: The Supreme Court on Monday rebuked the Delhi government for delaying the implementation of the Graded Response Action Plan (GRAP) Level 4, saying that the preventive measures would remain in effect until further orders, regardless of fluctuations in air quality.

"We won't allow scaling down of preventive measures under stage 4 even if AQI goes below 450. Stage 4 will continue till court permits," the bench said.

A bench comprising Justices Abhay S Oka and Augustine George Masih said, “The moment the AQI reaches between 300 and 400, stage 4 has to be invoked. How can you take risk in these matters by delaying applicability of stage 4 of GRAP?”

The CAQM had earlier announced stricter pollution control protocols for Delhi-NCR under GRAP Stage 4, which came into effect from 8 am on Monday. These include a ban on the entry of trucks and halting construction activities for public projects.

Delhi continues to grapple with alarmingly high pollution levels, exacerbated by stubble burning in neighbouring states. The Supreme Court has previously criticised the lack of coordination among the Centre, CAQM, and state governments, including Punjab and Haryana, calling their responses inadequate and ineffective.


On Monday morning, AQI levels in the city remained dangerously high. Notable readings included 919 in Mundka, 762 in ITI Jahangirpuri, and 624 in Anand Vihar, placing these areas in the 'severe-plus' category.

Despite measures such as the Delhi Pollution Control Committee’s ban on firecrackers until January 2025, enforcement challenges persist.

On November 11, the bench had criticised the lack of enforcement during Diwali, observing that no religion condones activities harmful to public health.

Reprimanding the Delhi Police, the court stated their actions had been insufficient, with only raw materials being confiscated. The bench directed the Delhi Police Commissioner to establish a specialised cell to enforce the ban across the National Capital Region (NCR) and file a personal affidavit on the steps taken.

“The right to live in a pollution-free environment is a fundamental right under Article 21 of the Constitution,” the bench had said. It also directed the Delhi government to decide by November 25 on imposing a permanent firecracker ban.


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