New Delhi: GRAP-IV - the fourth (and, on paper, the strictest) stage of anti-pollution measures to combat the toxic air that smothers Delhi every winter - will remain in force till Monday (December 2), the Supreme Court said Thursday evening. An exception, though, was made for schools, which must switch to a fully online mode under GRAP-IV, but can now continue a hybrid model given learning difficulties for students without (or with limited) access to the internet, the court said.
Lack of enforcement of GRAP-IV was the subject of the hearing today, a hearing in which an increasingly frustrated top court has asked tough questions of central and state authorities.
Among the points red-flagged today, the bench of Justice Abhay S Oka and Augustine George Masih reacted strongly to reports cement is being smuggled inside bags containing wheat flour.
This is despite a ban on construction (except those related to public infrastructure projects) under GRAP-IV, and another on trucks and commercial vehicles ferrying non-essential goods into the city. These are meant to be identified and stopped at checkpoints on the Delhi border.
An irate court also underlined its displeasure over the Delhi Transport Department's failure to stop trucks carrying non-essential goods, or offering similarly non-critical services, into the city.
There can be no exceptions, the court thundered after senior advocate and amicus curiae Aparajita Singh said "... they are getting cement under wheat flour... which is an essential commodity (but) there is cement under the wheat flour. These are the kind of things happening."
The court, last week too, had raised questions about trucks carrying non-essential goods being allowed to enter Delhi. "Tell us how you (the Delhi government) are stopping entry of trucks? We want a team of experts to monitor entry of trucks... and then we will take a call," the court said.
The court was further dismayed to learn there were no CCTVs or civic volunteers - as ordered in an earlier hearing - at the 113 border checkpoints, meaning trucks could enter almost at will.
On a similar note, the Court also criticised authorities for allowing non-essential construction activities, i.e., those not relating to public works or infrastructure. The court had repeatedly demanded the Delhi government - controlled by the Aam Aadmi Party - and the police - which reports to the Union Home Ministry - stop such building activities, and emphasised that again.
"We passed an order... but what is the purpose? Straightaway action (should have been) be taken. But nobody has bothered about implementation," it lamented. This was after counsel for the petitioners said, "Construction activities are happening... factories are running..."
Overall, the court observed that a report on implementation of GRAP-IV measures indicated "abject failure" of authorities to do just that, and highlighted the vague wording of a notification issued this morning by the Committee for Air Quality Management, or CAQM, to make its point.
The notification, while permitting certain kinds of construction activities to continue under GRAP-IV restrictions, also said "... other activities which are permitted under GRAP-III (these, however, should not be allowed once GRAP-IV kicks in) will continue to be permitted".
The CAQM, a central government body, can announce mixed restrictions - i.e., it can pick and choose from GRAP-III and GRAP-IV depending on severity of the air quality crisis, but, as the court pointed out, there is no "exempted category" for the fourth stage. "This will create confusion... everybody will be misled. What was the necessity?" Justice Oka asked.
The government, represented by Additional Solicitor-General AS Bhati, was told to withdraw the notification.