Noting the improved air quality in Delhi, the Supreme Court on Thursday allowed the Air Quality Management Commission to relax the emergency measures applicable under phase IV of the Graded Response Action Plan (GRAP) to phase II.
A bench of Justices AS Oka and AG Masih also asked the commission to “consider incorporating certain additional measures which are part of stage 3”. It added that “if the Commission finds that the AQI is more than 350, as a precautionary measure, phase 3 measures will have to be implemented immediately.” And “If the AQI crosses 400 on a given day, Phase 4 measures will have to be reintroduced”, the bench said.
Appearing for the Commission, Additional Solicitor General Aishwarya Bhati submitted the air quality index (AQI) data to the court from November 18 to December 4.
The bench said that “till November 30, the levels have been above 300 and only on 4 days have the levels fallen below 300”.
The bench said that although “it is true that at some point, the court will have to leave it to the Commission to decide on the applicability of the sections under GRAP, considering the information presented to us, which we have discussed above, we are doing it.” I do not think it would be appropriate at this stage to allow the Commission to go below section 2”.
The bench added that “perhaps further vigilance on the part of this Court is necessary”.