Delhi Air Pollution| Supreme Court Directs CAQM To Prosecute Authorities Who Failed To Enforce Ban On...

 The Supreme Court today (November 25) came down heavily on authorities for not enforcing the ban on entry of trucks and light commercial vehicles to Delhi, a measure which was imposed by the Commission for Air Quality Management (CAQM) as part of its GRAP-IV measures to address severe air pollution.

The Court directed the CAQM to initiate prosecution in terms of Section 14 of the CAQM Act against the officials who failed to enforce the directives.

The bench of Justice AS Oka and Justice AG Masih was hearing a batch of petitions regarding the worsening air pollution in Delhi-NCR.

“It is apparent that the authorities which are mentioned against item numbers 1, 2 and 3 of stage 4 of GRAP have made no earnest effort to implement the action in terms of clauses 1 - 3. Some police teams were deputed at a few entry points that also without any specific instruction. In fact the report of the court commissioner indicates that at most of the entry points the police were posted pursuant to the order of this court dated 23rd November. There is a serious lapse on the authorities mentioned against clauses 1 - 3. We therefore direct the Commission to immediately initiate action in terms of section 14 of the CAQM Act.”

As per the Graded Action Response Plan, the following are the authorities responsible for implementing clauses 1 - 3 of GRAP IV -

Clauses 1 and 2 (Ban on entry of truck traffic and LCVs) - State Governments, Transport Commissioners of GNCTD/ NCR States, Commissioners / Head of Urban Local Bodies in Delhi-NCR towns, Commissioner of Police / Head of Traffic Police of Delhi and NCR towns.

Clause 3 (Ban on plying of BS-IV and below MGVs and HGVs) - State Governments of NCR & GNCTD, Transport Commissioners of GNCTD/ NCR States, Commissioner of Police / Head of Traffic Police of Delhi and NCR towns.

Previously, the Court passed a detailed order on monitoring the entry check points to stop the entry of trucks. The Court had also appointed 13 Court Commissioners to visit and survey the monitoring of the check points.

The Court also affirmed that the measures imposed under GRAP would only be allowed to shift from stage 4 to lower stages of 2 and 3 only if there is a satisfying improvement shown in the AQI figures.

"Now the question is whether stage 4 norms need relaxation. Unless the court is satisfied that there is a consistent downward trend of AQI, we cannot permit the Commission to go down to stage 3 or stage 2 pending further orders."

Additionally, the Court directed the release of labour cess funds for the construction workers to aid them during the present ban on construction activities.

"We direct all the states to use the funds which have been collected as labour cess for the welfare of construction workers to provide them subsistence for the period during which construction activities are prohibited. In substance all the states will comply with direction issued in terms of clause two of order dated 24 November 2021 relating to payment of requisite amount of subsistence allowance. Action shall be taken immediately by the state governments."

Check posts were unmanned

Today, the Court was informed that 83 check posts were surveyed, and many posts were unmanned. Amicus Curiae Senior Advocate Aparajita Singh also informed that the personnels also did not have precise clarity of orders.

She further added, "the trucks didn't know that they were not supposed to enter Delhi."

Justice Oka inquired, "After 18 November(day when GRAP IV) was there any written order directing police to station permanently at the checkpoints? What steps Delhi government took to inform the people stationed at 13 entry points to stop entry of trucks?"

Additional Solicitor General Aishwarya Bhati informed that orders were given to the police to deploy personnels at 23 major checkpoints. She however did not have the copy of the order with herself presently.

Taking serious objection to the same, Justice Oka expressed, "Why only at 23? This is negligence that it was done on only in 23 points. We will direct Commission to prosecute commissioner of Delhi police under section 14 CAQM Act."

Sr Advocate Gopal Sankarnarayanan weighed in to add that so far CAQM has not given any directions to the police. He underlined that GRAP IV prescribes no entry to trucks in Delhi, much consideration should also be given to the fact that CAQM covers 28 districts across the NCR States. Advocate Manan Verma, one of the court commissioners, informed the Court that trucks came near the Delhi border and turned back after unloading the goods. For effective implementation, the ban should be extended to all NCR districts, he suggested as allowing trucks till the Delhi border would defeat the purpose of the ban.

Key Directions Given

Taking note of the powers of the CAQM under S.12(1) 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 Court directed:

"We therefore direct the Commission to consider taking various mitigating measures by issuing necessary directions in terms of section 12(1) of the CAQM Act."

The Bench also recorded that as per the chart submitted by the counsels, the AQI trend in Delhi from 20-24 November ranges between 318-419. The Court directed the CAQM to place the updated data so that on the next date Court can take a call on GRAP IV measures.

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