On December 5, the Supreme Court allowed the Commission for Air Quality Management (CAQM) to reduce restrictions under the Graded Response Action Plan (GRAP) from Stage IV to Stage II, citing improvement in Delhi’s air quality. The bench, led by Justice Abhay S. Oka and Justice Augustine George Masih, emphasized the importance of continuously monitoring the Air Quality Index (AQI) and called for swift reinstatement of stricter measures if conditions deteriorate.
The Court noted that AQI levels, consistently above 300 until November 30, have now shown a downward trend, remaining below the 300 mark over the past four days. Highlighting the significance of these improvements, the Court approved the relaxation of measures but recommended incorporating some provisions of GRAP-III as a precaution.
Justice Oka, in the Court’s order, stressed that if the AQI exceeds 350, GRAP-III measures must be implemented immediately, and Stage IV restrictions reintroduced if the AQI crosses 400. He further remarked that while the Court would eventually entrust the CAQM with full responsibility for GRAP implementation, the current conditions warrant continued judicial oversight.
ASG and Amicus Curiae Submissions
Additional Solicitor General Aishwarya Bhati pointed out that the decline in AQI levels is largely due to favorable meteorological conditions and asserted that GRAP-IV measures, which severely disrupt normal life, were no longer necessary. Bhati also suggested that the present AQI levels do not justify even GRAP-I restrictions.
Senior Advocate Aparajita Singh, acting as amicus curiae, supported the relaxation of GRAP-IV measures but emphasized the need for constant monitoring and readiness to reimpose stricter restrictions if air quality worsens.
Court Commissioners and Related Orders
During the hearing, the Court addressed the role of court-appointed commissioners tasked with overseeing GRAP implementation. It expressed disapproval of the Delhi Pollution Control Committee (DPCC) naming commissioners in show-cause notices issued to violators of GRAP norms. The Court ordered authorities to refrain from mentioning commissioners’ names in such notices.
Additionally, the Court directed the Delhi government to remunerate court-appointed commissioners at rates equivalent to Panel B counsels as determined by the Union of India. It reaffirmed the protection of commissioners, allowing them to continue their work and submit reports as required.
Monitoring Continues
The Supreme Court will revisit the matter next Thursday to assess the air quality situation and CAQM’s compliance with its directives. This development comes amid ongoing judicial efforts to address Delhi’s chronic air pollution crisis and balance environmental protection with public convenience.
Case Information
Case Title: M.C. Mehta v. Union of India
Case No.: WP (C) 13029/1985
This decision underscores the judiciary’s active involvement in combating pollution in the National Capital Region, providing a framework for adapting restrictions based on real-time air quality data.
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