
In a significant development, the Supreme Court has permitted the Commission for Air Quality Management (CAQM) to downgrade the Graded Response Action Plan (GRAP) from Stage IV to Stage II in Delhi, thanks to improvements in the region's Air Quality Index (AQI), according to Live law.
During the proceedings on Thursday, the court underscored the importance of closely monitoring air quality and recommended that the CAQM consider implementing specific measures associated with GRAP-Stage III. The court stipulated that should the AQI rise above 350, Stage III measures should be enacted, and if it surpasses 400, Stage IV restrictions must be reinstated.
A bench comprising Justice Abhay S Oka and Justice Augustine George Masih acknowledged the submission of Additional Solicitor General Aishwarya Bhati, who reported that average AQI levels had fallen below 300 since November 30. The court highlighted that prior to this period, AQI readings had consistently exceeded 300, indicating a troubling trend.
"The Commission must be entrusted with discretion regarding the applicability of GRAP stages," the bench stated in its order. "However, we believe it is premature to allow the Commission to operate below Stage II at this time. We recommend that they consider incorporating additional measures from Stage III. If the AQI crosses 350, precautionary Stage III measures must be implemented immediately, with Stage IV reintroduced if the AQI exceeds 400."
The court plans to revisit the matter for further examination next Thursday.
Aishwarya Bhati argued that the latest AQI statistics justified the easing of GRAP measures, noting a "clear downward trend" benefiting from favourable meteorological conditions. She cautioned that measures under GRAP-4 are "very disruptive" to daily life, even asserting that Stage I measures might not be warranted at this time.
Senior Advocate Aparajita Singh, serving as amicus curiae, expressed support for the relaxation of restrictions but emphasised the necessity for ongoing monitoring.
Earlier in the week, the court had indicated it would only permit a relaxation of GRAP IV after observing a consistent decline in AQI readings. Additionally, the court criticized the Delhi Police for failing to ensure the safety of advocates assigned to monitor compliance with truck entry bans in Delhi.
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