Grap 4 in Delhi-NCR to stay till Monday: Supreme Court
The court relied on a report that documented violations of Grap 4 measures at border points in Delhi
The Supreme Court on Thursday directed that emergency air pollution measures under Stage 4 of the Graded Response Action Plan (Grap) remain in effect in Delhi until at least Monday, even as it ordered the Commission for Air Quality Management (CAQM) to act against the “abject failure” of police, state, and civic authorities in implementing these measures since November 18.
A bench led by Justice Abhay S Oka posted the matter for further consideration on December 2, instructing CAQM to propose scaling down restrictions under Grap Stage 4 to a combination of curbs from Stages 3 and 4, rather than a blanket withdrawal.
“All Grap 4 measures, except those modified in respect of schools, will operate till Monday. Meanwhile CAQM will hold a meeting to come up with suggestions to move from Grap 4 to Grap 3 or 2. We make it clear [that] it is not necessary that all measures in Grap 4 be dispensed with. There can be a combination of Grap 3 and 4 measures,” the bench said.
Stage 3 restrictions, which apply when Delhi’s Air Quality Index (AQI) falls into the “severe” category (401-450), include bans on non-essential construction and demolition and online classes for students up to Class 5. Stage 4 restrictions, triggered when the AQI exceeds 450, include a ban on heavy trucks carrying non-essential items, suspension of all construction activities, and work-from-home directives for government offices.
The court relied on a report by young lawyers appointed as commissioners who documented violations of Grap 4 measures at border points in Delhi on November 25 to gather photographic evidence of open flouting of restrictions.
The bench, also comprising justice Augustine George Masih, said: “The reports indicate there is abject failure of various authorities to implement Grap 4 measures in letter and spirit.”
Advocate Manan Verma, one of the court-appointed commissioners, highlighted violations including ongoing construction in government colonies, open waste burning, and unchecked entry of heavy trucks at border points like the DND flyway. Cement sacks disguised under flour bags were also discovered to evade detection.
“This is serious. Action must be taken against those responsible,” the bench remarked, directing Delhi and neighbouring states to take action based on the commissioners’ findings.
Senior advocate Aparajita Singh assisting the court as amicus curiae said, “Problem is implementation. Even today there is open burning of leaves in several areas.”
CAQM, represented by additional solicitor general Aishwarya Bhati, reported issuing show-cause notices to top officials, including the Delhi Police commissioner and the MCD commissioner, for failing to enforce Grap 4. These notices were issued under the CAQM Act, 2021, which prescribes penalties of up to ₹1 crore or imprisonment of up to five years for non-compliance.
The court, however, remained unsatisfied and directed the panel to expedite action against these officials.
“What is the purpose of issuing show cause notices. Straightaway they have to be prosecuted. Nobody has bothered about implementation,” the bench remarked.
The court said, “Stage 4 of Grap must remain in operation. We want to know who has the power to issue such directions. How come the order says, ‘other activities which are permitted under Stage 3 will continue to be permitted’. This paragraph creates an impression that Grap 3 is in force.”
ASG Bhati agreed to withdraw the notification immediately.
The commission also reported AQI fluctuations in Delhi throughout November, with a peak of 494 on November 18 when Grap 4 was triggered. Since then, pollution levels have declined, with AQI readings of 349, 343, and 303 recorded over the past three days. However, stubble burning in Punjab and Haryana remains a significant contributor to pollution.
Addressing farm fires, the bench noted delays in action against farmers and proposed addressing the late sowing of paddy in Punjab, which is linked to the state’s water conservation laws. “From the data it is clear, states are very slow in acting against farmers,” the court said.
The court was informed that news channel sting operation revealed that some officials advised farmers to burn stubble after 4pm to avoid detection by satellites. The court termed the allegation “very serious” and directed the Punjab government to ensure no officials promote such activities.
CAQM informed the court that they are in the process of testing a “burnt area data protocol” that will provide better results on gathering data on farm fires. The bench said, “We will issue directions that 24x7 there must be data on stubble burning.”
Originally focused on Delhi due to a public interest litigation filed by lawyer-activist MC Mehta, the court has since expanded the scope of the case to address regional pollution sources such as dust, vehicles, open waste burning, stubble burning, entry of heavy trucks among other factors. Issues such as permanent bans on firecrackers in NCR districts are also under consideration, with hearings set to continue in the coming months.