SC lifts Grap-4 pollution curbs in Delhi-NCR

The bench also pulled up the Delhi government for not paying a subsistence allowance to workers who were unemployed during Grap Stage 4

The Supreme Court on Thursday ended restrictions under Stage 4 of the Graded Response Action Plan (Grap) in Delhi and the National Capital Region (NCR), with the Capital’s air quality index (AQI) “moderate” for the second straight day, even as the bench urged the Commission for Air Quality Management (CAQM) to lower the thresholds for the two most stringent sections of the anti-pollution plan by 50 AQI points.

A clear sky over Kartavya Path in New Delhi on Wednesday. (Arvind Yadav/HT Photo)

The bench, headed by justice Abhay S Oka, also pulled up the Delhi government for not paying a subsistence allowance to workers who were unemployed during the construction ban under Grap Stage 4.

Thursday’s order brought to an end restrictions on the use of older vehicles, construction, and demolition – measures which have been in place under Grap Stages 3 and 4 since November 15, when Delhi was in the throes of a severe pollution crisis.

It, however, only allowed CAQM to drop anti-pollution measures to Grap Stage 2.

“Considering the data placed before us, we do not think it will be appropriate for CAQM to go below Grap Stage 2,” said the bench, also comprising justice Augustine George Masih.

It also asked the central agency to consider “incorporating certain additional measures which are part of Grap 3”.

However, even as CAQM notified the watering down of Grap measures to Stage 2 hours after the hearing, it did not add any curbs from Grap 3.

“The CAQM sub-committee... has decided to revoke Stage-3 and Stage-4 of Grap in the entire NCR, with immediate effect. Grap Stages 2 and 1 to however remain in force,” said the CAQM in a statement on Thursday.

The matter will now be heard on December 12.

The Supreme Court’s directions came with Delhi in the midst of an unusually clean spell of air quality. Delhi’s air quality first improved to the “poor” zone after 32 days in the “very poor” or “severe” categories on Sunday. It then improved to the “moderate” level on Wednesday and remained there on Thursday.

Delhi on Thursday recorded a 24-hour average AQI of 165 at 4pm, the lowest it has been in December since 2022.

In its order, the bench noted, “You cannot go straightaway out of Grap... If CAQM finds that AQI goes above 350, as a precautionary measure, Stage 3 measures will have to be immediately implemented. If AQI crosses 400 on a given day, Stage 4 measures have to be reintroduced.”

These would effectively lower the existing thresholds for stages 3 and 4 by 50 AQI points. Currently, Stage 3 kicks in when the AQI is 400 and above, and Stage 4 kicks after 450.

However, CAQM did not immediately implement these suggestions in its notification on Thursday evening.

“We have taken CAQM’s suggestion on-board and it will be implemented accordingly, as and when the AQI reaches that mark,” said a CAQM official, who asked not to be identified.

Senior advocate Aparajita Singh, assisting the court as amicus, said that while weather is a major factor for improved AQI levels, the implementation of Grap measures is lacking as CAQM fails to coordinate efforts with Delhi and NCR states.

“We want to have a wider study on why there is variance of AQI in Delhi,” said the bench, enquiring whether data on open garbage burning in Delhi is available. “You must develop a mechanism, maybe with the help of ISRO, by which garbage fires can be detected,” the bench said, on being told that no such mechanism exists.

The apex court also pulled up the Delhi government and said it “allowed workers to starve”.

Over 90,000 workers registered on a Delhi government portal had received just ₹2,000 each out of their entitlement for ₹8,000.

“Are you a welfare state? After verification if you can give them ₹2,000, why hold up on the remaining ₹6,000? Will you wait till everyone starves,” said the bench.

Delhi chief secretary Dharmendra, who appeared online, agreed to release the remaining amount within a day. The court also asked him if there was any data on unregistered workers. Though the government claimed to have issued public notices encouraging more workers to register, no such notice was issued pursuant to court’s order.

The bench was informed that last year, registration of some 1.2 million workers in Delhi had lapsed as they failed to re-register.

“You are blissfully unaware of whether there are 90,693 workers. We are not saying you make payment without registration. But no effort is made by the Delhi government to even find out if there are any more construction workers,” said the court.

The court directed Delhi to make the complete payments immediately and hold meetings with workers’ unions to enable more workers to be registered with the portal. Similar directions were also issued to chief secretaries of National Capital Region (NCR) states of Uttar Pradesh, Haryana and Rajasthan while dispensing with their presence on the next date of hearing. UP has eight districts in NCR, Haryana has 14 and Rajasthan two.

The UP government informed that out of over 488,000 registered workers, allowance was paid only to some 8,000-odd workers, which the court termed “insignificant” and directed that updated figures be furnished by next date.

Similarly, Haryana claimed to have paid minimum wages of ₹423 to 106,000 workers out of a registered base of 257,000. Rajasthan only had a worker base of 3,526 workers with over 1,500 workers remaining to be paid.