New Delhi, Nov 28 (UNI) The Supreme Court on Thursday directed that all GRAP IV measures, except the measures which are modified in respect of the schools, will continue to operate in the National Capital till Monday.
In the meantime, the CAQM shuld hold a meeting and come out with the suggestion about moving from GRAP IV to GRAP III or GRAP II and decide on reopening of schools.
A bench comprising Justice Abhay S Oka and Justice Augustine George Masih passed the directions while hearing the MC Mehta case to deal with the air quality crisis in the national capital. The Court held that there was abject failure on the part of the authorities in implementing the GRAP-IV measures to address the severe problem of air pollution in Delhi.
The Apex Court said, “We also make it clear that it is not necessary that all measures which are provided in GRAP IV should be dispensed with. There can be a combination of measures in GRAP III and GRAP II.
The Court called for a response from the National Capital Region (NCR) states by Monday (December 2) on the measures they propose to take against the breaches which have been specifically pointed out by the Court Commissioners.
Additional Solicitor General Aishwarya Bhati told the court, “We have submitted our note. there are three aspects in the note regarding directions for November 25.
Justice Oka said, “We have gone through the first report that was submitted. Hardly anything was done by the police. Complete failure.”
Bhati said CAQM has issued directions to the other states to take care of Delhi-bound traffic.
The schools have to run but the parents and the students have an option whether to attend hybrid or whether to attend physically, Bhati said.
The Additioal Solicitor General further said that the Delhi AQI will be determining or the driving feature for the implementation of GRAP regulations.
Justice Oka said, “Ultimately you have the statutory powers. We are not talking about the situation prevailing today but you have the authority to order a combination of stage 3 and 4.
Amicus told the Court that they have allowed some construction activities today. The problem is implementation. I have seen leaves burning on the main ring road this morning.
Justice Oka asked, “How are other activities which are permitted now under stage three.
Bhati said, “This clarification that has come from CAQM. We are just issuing clarification on what is permitted and what is not permitted. We are not picking and choosing a hybrid of 3 and 4.
Justice Oka clarified that in GRAP IV there is no exempted category. This will create a lot of confusion. Everybody will be misled by this. What was the necessity of allowing construction? And who has the power to issue this? You have to withdraw this. The last sentence will give a signal as if GRAP 3 continues, he said.
Bhati said, “ We will withdraw it but the intention was to clarify. We have issued notice to the Commissioner of Police, Special commissioner of traffic, additional chief secretary, transport commissioner, and commissioner MCD seeking an explanation and response by the second of December.
The court was informed that a sting operation was carried out by India Today that found that the farmers were told to burn the crops, and stubble after 4 o’clock.
Justice Oka said, “Now we want to know from both states how many crop-burning instances are there.’
Bhati replied, “We have given the figures. Bhati reads out data from the past 5 days in Punjab ranging from 15 to 50 cases a day.
Justice Oka asked, “ How are you getting the data? 24/7 you must get data for stubble burning. Everyone is smart enough to know that in certain times the data is collected so they don’t burn it. So the final solution has to be found.”
Bhati said, “ ISRO is working on the protocol. One of the satellites didn’t succeed but ISRO is among the best in the world they are working on it, and they will help us with the protocols.”
Justice Oka said, that from the data it is clear that both states are very slow and taking action against the farmers. What about the mitigating measures?
Is the money paid to the daily wagers, Justice Oka asked.
Amicus replied, “the Court may give a time-bound schedule. They have not crystallized any amount and relief is not yet forthcoming.
Bhati said that the AQI is now within manageable limits. Please consider allowing us to impose GRAP in the manner we have now undertaken.
Justice Oka said,” The problem is even today GRAP IV is not being implemented. Just see the report of the court commissioners.
Counsel said, “Construction activities are happening across Delhi. Factories running, waste being burnt.
Justice Oka said, “Under section 14 CAQM notice is not required. We have passed order about this. what is the purpose of issuing a notice? Straight away action has to be taken. Nobody has bothered about implementation. Now there has to be a logical conclusion. Action should be taken against those who are in incharge of the area of the specific cases pointed out, he said.
Counsel points to a report of the court commissioner. There were no CCTV cameras at the border and no civic volunteers or teams from the Delhi government. Trucks come inside.
Amicus said that’s why trucks should be stopped at the NCR border and not in Delhi.
From Mr Jatin Kumar’s report they are getting cement under wheat flour. Essential commodities is wheat flour so there was cement under the wheat flour.
These are the kinds of things happening, Amicus said.
It is good to say that GRAP 4 to GRAP 3 or GRAP 2 but they don’t even implement GRAP 4 which is the highest that we can, Amicus said.
Justice Oka said, “We want you to tell us if these issues have to be taken up in some other cities also. This issue will have to be taken up.. better to be taken up Right now as throughout December will be grappling with these emergency situations. So let us have regular detailed hearings in January Issue wise. And we want to hear from other states also on Monday, the Court said.
The Court then pronounced its order, “We have taken a glance at the second report by the court commissioners. The first report indicates that there is abject failure of various authorities to implement GRAP IV measures in its letter and spirit. There are violations pointed out in both the reports.
We expect states to make a statement before us about the action they propose to take in case of breaches which are specifically pointed out by the commissioners.
The immediate issue which needs to be addressed is that the trucks are allowed to enter the limits of Delhi and then after travelling some distance they are taking a u-turn back to from where they have arrived.
This issue also needs to be addressed, the court said.
“We make it clear that all GRAP IV measures except the measures which are modified in respect of the schools will continue to operate till Monday.
In the meantime, the commission will hold a meeting and come out with a suggestion about moving from GRAP IV to GRAP III or GRAP II.
We also make it clear that it is not necessary that all measures which are provided in GRAP IV should be dispensed with. There can be a combination of measures in GRAP III and GRAP II, the Court said.
