Supreme Court: In the Delhi air pollution matter, the division bench of Abhay S Oka and Augustine George Masih, JJ. directed that physical classes for all school students up to grade 12 in Delhi-National Capital Region (‘NCR’) be suspended temporarily due to the severe air pollution currently affecting the national capital. This decision comes on insistence by Senior Advocate Gopal Sankaranarayanan who pointed out that students of classes 10 and 12 were being made to attend classes physically.
Additionally, the Bench called for the strict enforcement of Stage IV measures under the Graded Response Action Plan (GRAP), as Delhi’s Air Quality Index (AQI) continues to remain in the “severe” category.
The Court strongly criticized the delay in implementing the necessary measures under Stages III and IV of the GRAP, despite the AQI remaining in the “severe” category. The Bench remarked that the Commission for Air Quality Management’s (‘CAQM’) approach of waiting for AQI levels to improve before taking action contravened the Court’s 2018 order, which mandated the implementation of preventive measures to protect public health.
The Court directed all Governments within the NCR to strictly implement Stage IV of the GRAP in light of the ongoing air pollution crisis. The Court emphasized the immediate need for decisive action to address the “severe” air quality levels in the region. Additionally, the Court ordered the formation of dedicated monitoring teams to oversee and ensure the proper execution of the necessary actions outlined under Stage IV of GRAP. It further clarified that until further orders, Stage IV will continue even if AQI falls below 450.
The Court instructed both the Central Government and all State governments to file compliance affidavits by Thursday, 21-11-2024, detailing the steps taken to implement the measures under Stage IV of the GRAP.
The matter will next be taken up on 22-11-2024.
Source: Press