Delhi air pollution: SC orders closure of NCR schools, Grap 4 restrictions

Schools will remain shut in the entire National Capital Region, and GRAP 4 restrictions will remain till further orders, the Supreme Court said on Monday, censuring the Commission for Air Quality Management (CAQM) for Delhi and adjoining areas for delaying the imposition of graded response action plan (GRAP) 3 and 4 curbs.

The court’s comments came on what is possibly Delhi’s worst day in terms of air quality. The 4 pm reading (a 24-hour average) said 494, and while AQI has been higher (497) before, that was with a far fewer number of monitoring stations than in place today.

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A sudden dip in temperatures, a change in wind direction, a reduction in wind speeds, local pollutants (mostly from vehicles), and smoke and particulate matter from farm fires in Punjab combined to enshroud Delhi and its environs in a funereal shroud of grey smog.

Posting the matter for further consideration on Friday, the court went on to pass a slew of directions asking state governments to form teams for monitoring the implementation and enforcement of curbs under Stage 4 which requires a ban on construction, and public and private offices to work at half strength.

While schools in Delhi have stopped physical classes for Classes 1 to 9 and Class 11, the court asked Delhi and NCR states to take a call on online classes for all students and inform them by Friday.

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GRAP 4 also mandates a ban on entry of heavy goods vehicles (except those carrying essential commodities).

States have the option of other measures, including the so-called odd-even scheme (odd-numbered vehicles to run on certain days and even-numbered ones on other days).

But the fact that CAQM dragged its feet, first over imposing GRAP 3 and then GRAP 4 restrictions didn’t escape the court’s attention.

“It is because of your default that we are facing this situation today,” a bench of justices Abhay S Oka and Augustine George Masih told CAQM represented by senior counsel Ruchi Kohli as the bench questioned the delay in imposing GRAP 3 curbs, which should have come into effect on November 12.

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“In such a serious case, how do you wait for three days?” the court asked, and added: “Till further orders are passed by this court, implementation of GRAP Stage 4 will continue even if AQI falls below 450.”

GRAP 3 restrictions are imposed when air pollution in Delhi falls in the ‘severe’ category (401-450). And GRAP 4 when it crosses 450.

The court was informed that the curbs under GRAP Stage 4 have now been imposed in the city. Kohli said that GRAP Stage 3 was introduced on November 14 evening.

She added that CAQM waited as it wished to monitor the situation after the India Meteorological Department suggested the situation could improve.

Additional solicitor general (ASG) Archana Pathak Dave appearing for the Centre too defended CAQM by pointing out that reports indicated this (an improvement in air quality on account of wind speeds increasing).

Commenting on this, the bench said, “You cannot take that risk. Can you depend on the Met department in such a serious scenario?”

“The approach adopted by the commission seems to be that it decided to wait for improvement of AQI to impose curbs under Stages 3 and 4. This is a completely wrong approach,” added the bench.

Senior advocate Aparajita Singh assisting the court as amicus curiae pointed out that the pollution in Delhi has spiralled out of control. It was after she mentioned the deteriorating air quality in the Capital on November 14, that the court posted the matter for hearing on Monday seeking a response from CAQM on why Stage 3 curbs were not imposed.

In a knee-jerk reaction, the same evening CAQM invoked Stage 3 curbs from November 15.

She pointed out another disturbing fact that while the states of Punjab and Haryana have claimed that farm fires this year have declined, a NASA scientist has revealed that farm fires have increased, just that the farmers are burning the stubble at times when the NASA satellite, which is a polar-orbiting satellite, has passed the subcontinent (between 10.30 am to 1.30 pm).

The scientist sought to prove this by relying on a Korean geostationary satellite providing a high incidence of red spots indicative of farm fires after 2.30 pm.

The bench directed the Centre and CAQM to make immediate arrangements to get farm fire data beginning October 1 onwards from Korea or any geostationary satellite so that this information can be made available to states for further action.

“It is the constitutional obligation of Centre and states to ensure citizens live in pollution-free environment,” said the bench, as it directed the CAQM to consider if any further curbs can be imposed under Stage 3 and 4 considering the grim situation in Delhi.