SC Denies Relaxation In Delhi As AQI Shows Improvement, Says 'None Of NCR States Complied With Direction'

The Supreme Court noted that none of the NCR states complied with its direction to pay compensation to construction workers and directed Chief Secretaries to be present on the next date virtually.

The restrictions under Graded Response Action Plan (GRAP)-IV measures to curb air pollution will continue in Delhi, the Supreme Court ruled on Monday even as the air quality showed a slight improvement.

The apex court, led by a bench of Justices Abhay S Oka and Augustine George Masih further, said that it would hear the parties on December 5 on the possible modification of the restriction in the capital imposed as part of the GRAP-IV restrictions. 

The court clarified that it would allow relaxations only after observing a downward trend. The air quality in the capital showed a slight improvement although it remained in the 'poor' category with an AQI of 273 in the morning.

The SC also noted that none of the NCR states -- Delhi, Rajasthan, Haryana and UP -- complied with its direction to pay compensation to construction workers and directed Chief Secretaries to be present on the next date virtually. The bench said the chief secretaries of NCR states including Delhi, Haryana, UP and Rajasthan will have to appear through video-conferencing at 3.30pm on December 5. It said that only when the court summons top officials, then the ball starts rolling.

"There is hardly any implementation of stage 4 of GRAP to deal with air pollution in the national capital,” the bench stated, questioning the Delhi government on the number of officers deployed by it to implement the restrictions, especially banning trucks from entering the national capital.

The Delhi government, represented by senior advocate Shadan Farasat, said it would look into allegations of non-compliance of the GRAP restrictions. Farasat, however, asserted on the basis of 2-3 incidents it couldn't be said that the entire city of 1.5 crore population was not complying with the restrictions. 

According to the Central Pollution Control Board (CPCB), Delhi's 24-hour average AQI on Sunday stood at 285, an improvement to the 'poor' category and a welcome relief following 32 consecutive days of 'very poor' and 'severe' air quality (AQI over 400).

The Supreme Court directed CAQM to take steps in communicating the mitigating measures to all concerned authorities and to coordinate efforts to ensure the implementation of these mitigating measures.

The court also directed the Delhi Police to ensure that members of the Bar who are court commissioners are adequately protected.