The Supreme Court on Monday censured the Commission for Air Quality Management (CAQM) for delaying the enforcement of strict pollution control measures in Delhi and adjoining areas, even as air quality reached alarming levels. Schools across the National Capital Region (NCR) will remain closed, and restrictions under Stage 4 of the Graded Response Action Plan (GRAP) will stay in place until further orders.
The court’s sharp remarks coincided with one of Delhi’s worst days for air quality. The Air Quality Index (AQI) reached a hazardous level of 494, reflecting a severe combination of factors such as a sudden drop in temperatures, changes in wind patterns, vehicular emissions, and smoke from stubble burning in Punjab. The heavy smog enveloped Delhi and surrounding regions, sparking concerns over public health.
The CAQM’s decision to delay imposing GRAP Stages 3 and 4 restrictions until November 14 and 15, respectively, drew strong criticism from the bench led by Justices Abhay S. Oka and Augustine George Masih. The court emphasized that such delays exacerbated the crisis, declaring, “It is because of your default that we are facing this situation today.”
GRAP 3, meant for severe pollution levels (AQI between 401 and 450), should have been activated by November 12. GRAP 4, triggered when AQI exceeds 450, mandates stringent measures, including a ban on construction, halving office strength, and restricting heavy goods vehicles (except those carrying essentials).
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CAQM argued that it had waited based on weather forecasts suggesting potential improvements in air quality. However, the bench rejected this reasoning, stating, “You cannot take that risk. Can you depend on the Met department in such a serious scenario?” The court ruled that GRAP Stage 4 restrictions would remain in force even if AQI fell below 450 until further orders.
The court also addressed the role of stubble burning in Punjab and Haryana, which remains a significant contributor to Delhi’s air pollution. While the states claimed a decline in farm fires this year, amicus curiae Aparajita Singh presented evidence from a NASA scientist showing otherwise. The data suggested that farmers were timing stubble burning to evade detection by polar-orbiting satellites. A Korean geostationary satellite revealed a higher frequency of farm fires after 2:30 pm.
In response, the bench directed the Centre and CAQM to obtain satellite data on stubble burning from October 1 onwards to assist state authorities in taking timely action. “It is the constitutional obligation of the Centre and states to ensure citizens live in a pollution-free environment,” the bench remarked.
The court ordered immediate monitoring of GRAP Stage 4 implementation and asked states to consider additional curbs under Stage 3 and 4. Authorities were directed to form teams for stricter enforcement of measures, including the ban on construction and vehicular restrictions. States must also decide on transitioning all classes to online mode and report back to the court by Friday.
Delhi’s pollution crisis underscores the urgent need for proactive measures and coordinated efforts among stakeholders. The Supreme Court’s intervention highlights the gravity of the situation and the need for immediate accountability in safeguarding public health.
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