'Constitutional obligation of governments to provide citizens pollution free environment': SC orders GRAP 4 curbs to be in force across NCR even if AQI drops below 400

NEW DELHI: The Supreme Court on Monday directed all NCR states to implement Graded Response Action Plan (GRAP) Level 4 even if the AQI drops below 400, and ordered all state and central governments to file compliance affidavits. The apex court also ordered all states to immediately constitute teams to monitor the implementation of actions required under Stage 4.
A bench comprising Justices Abhay S. Oka and Augustine George Masih, in its order, said, "We direct all governments of the NCR area to strictly implement Stage 4 of GRAP. All states will immediately constitute teams for monitoring the implementation of actions required under Stage 4."
"The NCR state governments and the central government will have to immediately take a call on actions provided in clauses 6, 7, and 8 of Stage 4 and place the decision taken on record before the next date," the top court added.
The top court also directed the Delhi government as well as other NCR governments to create a grievance redressal mechanism to enable citizens to lodge complaints about violations of actions under Stage 4.
"We direct the Delhi government and other governments to create grievance redressal mechanisms to enable citizens to lodge complaints of violations under Stage 4. We direct the commission to look into the complaints immediately and take action. We make it clear that, until further orders are passed by this court, implementation of Stage 4 will continue even if AQI levels drop below 450," the apex court said.
"It is the constitutional obligation of the state and centre that citizens live in a pollution-free environment. The Supreme Court says that apart from all clauses of GRAP Stage 3 and 4, all necessary steps should be taken by the government to ensure that the situation normalises," it added.
The Supreme Court also instructed the NCR states to take a decision on stopping physical classes for all students up to Class 12 and shifting to online classes.
Earlier during the hearing, the SC rebuked the Delhi government for delaying the implementation of the Graded Response Action Plan (GRAP) Level 4, stating that preventive measures would remain in effect until further orders, regardless of fluctuations in air quality.
"We won't allow scaling down of preventive measures under Stage 4 even if AQI goes below 450. Stage 4 will continue until the court permits otherwise," the bench said.
The CAQM had earlier announced stricter pollution control protocols for Delhi-NCR under GRAP Stage 4, which came into effect from 8 am on Monday. These include a ban on the entry of trucks and halting construction activities for public projects.
On November 11, the bench had criticized the lack of enforcement during Diwali, observing that no religion condones activities harmful to public health.
Reprimanding the Delhi Police, the court stated their actions had been insufficient, with only raw materials being confiscated. The bench directed the Delhi Police Commissioner to establish a specialized cell to enforce the ban across the National Capital Region (NCR) and file a personal affidavit on the steps taken.
“The right to live in a pollution-free environment is a fundamental right under Article 21 of the Constitution,” the bench had said. It also directed the Delhi government to decide by November 25 on imposing a permanent firecracker ban.