New Delhi: Refusing to relax the fourth stage of curbs put under Graded Response Action Plan (GRAP)-IV to curb air pollution in the national capital, the Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) to consider relaxing norms for educational institutions, observing a large number of students cannot avail mid-day meals, online classes and can’t access air purifiers.
Last week, GRAP-IV was imposed in the national capital after the Air Quality Index (AQI) crossed the 450 mark, and the apex court had said that the curbs can’t be eased without its approval. A bench of justices Abhay S Oka and AG Masih made it clear that it is leaving it to the Commission to decide to what extent the norms applicable in GRAP III and GRAP-IV as of today can be either relaxed or exceptions can be carved out. The top court asked the Commission to make a decision on this issue by today or latest by tomorrow morning so that it can be implemented from Wednesday.
The top court has listed the matter for further hearing on Thursday. The top court directed the CAQM to relax the norms due to various reasons as it noted that some students were deprived of the facility of midday meals as the schools and Anganwadis are closed. The top court also left the Commission to decide on a continuation of the ban on conducting physical classes for 10th and 12th.
The top court made it clear that it will not relax the GRAP-IV unless it is satisfied that there is a consistent downward trend of AQI. Meanwhile, it noted that due to the implementation of GRAP-IV measures, several sections of society may have been adversely affected and asked the Commission to issue directions to various authorities to take several measures to ensure that labour, daily workers etc., do not suffer.
“We therefore direct the Commission to consider taking various mitigating measures by issuing necessary directions in terms of section 12(1) of the CAQM Act,” the top court said. It also directed the states to use the funds that have been collected as labour cess for the welfare of construction workers to provide them subsistence till the time construction activities are prohibited. The top court was hearing matters relating to air pollution. During the hearing, the top court took notes of the report by the 13 court-appointed commissioners. It also remarked that even without reading the report by the court commissioners, it can say that there were no check posts. It sought to know how many check posts were checked.
One of the counsel replied that 83 check posts were there. Amicus Aparajita Singh informed SC that personnel in many posts were deployed after the court order but there is no clarity on directions among the personnel. ASG Aishwarya Bhati informed the apex court that orders were given but she doesn’t have a copy right now. She further said they have details of the action taken. SC said that every entry point was covered under GRAP-4 and said it would ask the CAQM to issue show-cause notices to all the agencies and prosecute them for the lapse.
Supreme Court also sought to know steps taken by the Delhi Government to inform the people that trucks will not be allowed entry from the 13 entry points. The top court appreciated the 13 court Commissioners for the work they have done. The top court further directed that their appointment as Commissioners will continue and they will have to continue their visits to various entry points and keep on submitting the reports to the court.
