GRAP rejig: SC allows stricter curbs to become part of lower stages of pollution in Delhi-NCR

The proposed changes shift stricter measures to earlier stages, with some stage 4 advisories now applying at stage 3 and stage 3 measures at stage 2.

The Supreme Court on Wednesday allowed major revisions to the Graded Response Action Plan (Grap) Capital Region as part of short-term measures proposed by the Commission for Air Quality Management (CAQM) in response to the capital’s winter pollution crisis.

Ghaziabad is blanketed in smog on Wednesday. (Sakib Ali/HT Photo)

The proposed changes shift stricter measures to earlier stages, with some stage 4 advisories (when AQI is above 450) now applying at stage 3 (AQI 401-450), stage 3 measures at stage 2 (AQI 301-400), and stage 2 directives at Stage 1 (AQI 201-300).

“We are of the view that any proactive action in reducing air pollution would always be welcome. We expect the CAQM, while taking such action, to consult all stakeholders,” said a bench of Chief Justice of India Bhushan R Gavai and justice K Vinod Chandran.

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The court also asked CAQM to consider directing schools in Delhi-NCR to postpone open-air sports competitions planned in November and December to “safer months”, keeping in mind air pollution levels, PTI reported.

The specific measures, proposed by the CAQM in a note submitted to the court as short-term and long-term measures to combat the pollution problem, pertain broadly to office hours and staffing, and power supply. As per the note, when Grap stage 3 is enforced, Delhi-NCR governments will have to take a decision on allowing public, municipal and private offices to work on 50% strength on-site. Similar decision will need to be taken by central government offices.

A CAQM official clarified that this was advisory in nature and not mandatory to enforce.

Similarly, the CAQM said it proposed to ask Delhi-NCR and central governments to introduce staggered timings for all public offices when stage 2 is invoked, instead of in stage 3 as has been the case.

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In the new plan, NCR states will be directed by the commission to ensure uninterrupted power supply to discourage use of diesel generators, and be asked to augment public transport through CNG and electric buses, avoiding congestion at traffic intersections and sensitising the public on dos and don’ts by issuing public advertisements.

A CAQM official said the Supreme Court’s order on Grap will be reviewed, with the directions to be implemented accordingly. “We will accordingly revise Grap in coming days,” the official said.

Sunil Dahiya, founder and lead analyst at the think-tank Envirocatalysts said proactive measures, including revising some Grap stages, were the need of the hour, with CAQM’s submission before the SC also highlighting the need to capping coal combustion and limit high-emitting private vehicles. “What is interesting to see is that CAQM has been asked to consult all stakeholders while deciding on curbs for emission reduction, which includes the citizens, so key would be to see citizen participation in key decisions on air pollution and emission reduction, and how can that be ensured while also hearing other stakeholders from power, automobile or other industries,” Dahiya said.

In court, the lack of progress was also noted by senior advocate Aprajita Singh, who is assisting the bench as an amicus curiae. The direction on sporting activities in schools was passed after Singh said that when elders are sitting in closed spaces with air purifiers on, children are training for sports and games competitions in an open “gas chamber”. “Children are most vulnerable. Holding sports now is like putting them in gas chambers,” she said, according to PTI.

“We request CAQM to take this into consideration and issue necessary directions to shift such sport competition to safer months,” the chief justice said.

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In a statement, the CAQM said in view of the SC’s observations, it convened a consultative meeting with representatives from the department of School Education and Literacy, Ministry of Education, NCR state governments, Sports Authority of India and representatives of NCR State Pollution Control Boards (SPCBs) to examine the current air quality trends and deliberate upon measures to safeguard children’s health.

“In compliance with the observations made by the SC....the CAQM has written to the governments of NCT of Delhi, Haryana, Rajasthan and Uttar Pradesh to take immediate and appropriate action to ensure that physical sport competitions scheduled in the months of November and December may be postponed keeping in view the air quality trends prevailing in the area where such events are scheduled to be organized,” CAQM said.

The court said the issue of pollution cannot be taken up only when pollution reaches alarming levels, as it needs constant monitoring throughout the year. “It will be appropriate that this court, rather than rushing into the matter when pollution is at its peak, take up the case throughout the year on a monthly basis where the status reports of ministry of environment, forests and climate change and CAQM can be taken up.”

AQI levels in Delhi NCR

The bench said that reactive measures should not be taken only when pollution peaks and the main plea should be listed once every month so that implementation of anti-pollution strategies could be monitored consistently, PTI reported. Temporary or piecemeal measures cannot offer a sustainable solution, the court noted.

The court posted the matter for further hearing on December 10.

Additional Solicitor General Aishwarya Bhati, appearing for CAQM and the Centre, informed the court that the short-term and long-term measures have been issued following a meeting convened by the MoEFCC with chief secretaries of Uttar Pradesh, Haryana, Punjab, Delhi and the additional chief secretary of Rajasthan. The CAQM chairperson was also present at the meeting.

During that meeting, the ASG told court, it was further decided that for controlling vehicular emissions, BS-III and below standard vehicles should be kept out of the purview of the court’s order of August 12. By that order, the court held that no coercive action shall be taken against owners of 10-year-old diesel and 15-year-old petrol vehicles in Delhi.

This suggestion was supported by the amicus, who said that BS-III vehicles are otherwise also aged above 15 years. She said that better fuel technology is now available with BS-IV and BS-VI fuel with much reduced emission standards. The court said that it had read an article that age of vehicles has nothing to do with emission quality. However, the court observed, “We have now said that all measures to reduce pollution are welcome.”

The court also asked the Punjab and Haryana governments to strictly follow the directions of the CAQM on the issue of stubble burning in the two states, PTI reported, noting that despite a reported fall in stubble burning incidents in Punjab, air quality levels have not shown corresponding improvement, according to PTI.

An association of construction workers working in Delhi and NCR districts informed the court that a week has elapsed since imposition of Grap stage 3 putting curbs on construction and demolition activities. However, the respective state governments have not paid subsistence allowance to the workers for the period when there was no work.

On this, the bench directed all the NCR states to make payment of necessary allowance and show compliance of this direction by filing an affidavit before the next date of hearing.

The chief justice said, “We have already expressed our concern that labourers who depend on activities which are banned cannot be deprived of their livelihood.”

(with inputs from agencies)