New Delhi: Refusing to relax the anti-pollution GRAP-4 restrictions in Delhi-NCR, the Supreme Court on Monday asked the Commission for Air Quality Management (CAQM) to consider restarting physical classes in schools and colleges as many students were being deprived of mid-day meals and lacked infrastructure to attend online classes.
Physical classes of schools and colleges were switched to the online mode recently following continued spell of severe air pollution in Delhi-NCR.
Censuring the Delhi government and the Delhi police for a “serious lapse” on their part in the strict implementation of the GRAP-4 measures, a bench of Justices Abhay S. Oka and Augustine George Masih directed the CAQM to initiate action against the erring officials.
The apex court said: “It is apparent that the authorities mentioned in GRAP-4 Clauses 1, 2 and 3 have made no earnest effort to implement action under Clauses 1 to 3. Some police teams were deputed at a few entry points, that also without any specific instructions. The (court) commissioners have noted that the police were only deployed as on November 23 and thus a serious lapse on the part of the authorities. We, therefore, direct the commission to immediately initiate action under Section 14 of CAQM Act 2021.”
Section 14 of the CAQM in National Capital Region and Adjoining Areas Act 2021 provides for punishment for non-compliance of its provisions.
Taking note of the fact that a large number of students did not have air purifiers at home, and thus there was no difference between children at home and those attending schools, the top court said: “The CAQM is expected to take a decision during the course of the day or latest by tomorrow morning so that it can be implemented from Wednesday.”
The bench refused to relax the GRAP-4 restrictions, saying it cannot order curbs to be eased to GRAP-3 or GRAP-2 unless there was a consistent downward trend in AQI levels.
The top court, however, directed CAQM to place the updated data on AQI in order to take a call on GRAP-4 measures at the next hearing on Thursday, November 28.
On the adverse impact on several sections of society, especially labourers and daily wagers, due to GRAP-4, the top court said: “The commission has all the powers under Section 12(1) of the CAQM Act 2021 to issue directions to various authorities to take several measures to ensure that persons in the category of labour, daily workers, etc, do not suffer.”
The bench directed state governments, where construction has been banned, to use funds collected as labour cess to provide subsistence to them.
In its order, the bench said the 13 apex court lawyers, appointed as court commissioners to conduct inspection at entry points, would continue to visit areas and submit reports to the court.
The order was passed after senior advocate Menaka Guruswamy, appearing for a group of parents, submitted that lakhs of students depended on mid-day meals but had been deprived of food owing to the closure of schools. Many students did not have air purifiers at home and queried the composition of members of CAQM, claiming there was no member from the education sector, she argued.
Senior advocate Gopal Sankaranarayanan opposed relaxation of measures, and said the air quality inside homes was better than it was outside.
During the hearing, the bench asked additional solicitor-general Aishwarya Bhati, representing the Centre, if there was any written order directing the police to be stationed permanently at the checkpoints.
The ASG said the police personnel were deployed at 23 major checkpoints. She submitted a chart showing the AQI level in Delhi from November 20 to November 24, revealing the air quality index between ranges 318 and 419.
Senior advocate and amicus curiae Aparajita Singh said the police personnel at several checkpoints were deployed after the court’s intervention and there was no clarity on directions.
The bench posted the matter for further hearing on Thursday.
On November 18, the top court directed all Delhi-NCR states to immediately set up teams to strictly enforce anti-pollution GRAP-4 (Graded Response Action Plan) restrictions, making it clear that the curbs would continue till further orders.
Under GRAP-4, restrictions including on the entry of trucks carrying non-essential goods into the national capital are enforced.
Taking note of a marginal decline in the AQI level and adverse impacts of stringent curbs, the bench, at the last hearing, said it would consider on Monday whether or not to relax the GRAP-4 restrictions in Delhi-NCR.
Meanwhile, the Noida administration has extended the suspension of physical classes due to poor air quality in Gautam Buddh Nagar district till Tuesday.
