New Delhi: The Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) and the Central Pollution Control Board (CPCB) to submit an affidavit within a week outlining steps being taken to prevent the air pollution levels in Delhi-NCR from deteriorating further or turning severe.
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The direction came as the Court was informed that several air quality monitoring stations in the National Capital are not functioning properly, hampering accurate tracking of pollution levels.
A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran passed the order while hearing environmental matters related to Delhi’s air pollution in the MC Mehta case.
During the hearing, the amicus curiae in the case, Senior Advocate Aparajita Singh, urged the bench to seek an immediate report from the CAQM on the preventive measures being undertaken to pre-empt a worsening of air quality.
“Because in the orders passed by my lords, it was said that you will not wait for the pollution to turn severe, you will pre-empt, so let them just file a report,” Singh said.
Referring to media reports, Singh highlighted that “there are newspapers after newspapers saying monitoring stations are non-functional. If the monitoring stations are not even functioning, we don’t even know when to implement GRAP — that is the severe situation, my lords.” She added that out of 37 stations, only nine were functioning continuously on Diwali.
Counsel for the CAQM informed the bench that the commission had already filed a report on preventive measures earlier, but the matter could not be taken up due to paucity of time. The counsel further said that it is the CPCB which has the air quality data and would therefore file the relevant report.
Singh, however, questioned, “Why is the CAQM shirking from filing a report?” Additional Solicitor General Aishwarya Bhatti, appearing for the state agencies, clarified that the required report would be filed on their end.
The bench noted that its earlier order dated October 14 had temporarily relaxed the absolute ban on firecrackers in the National Capital Region, permitting the use of green crackers during Diwali within fixed time slots — from 6 am to 7 am and from 8 pm to 10 pm.
In that order, the Court had directed the CPCB, in consultation with state pollution control boards and their regional offices, to monitor air quality across the NCR from October 14 to 25 and to submit daily reports to the Court. It had also directed regional offices to collect sand and water samples from areas with higher cracker usage for analysis. The Court had clarified that the relaxation was granted only on a “test case basis” and for the specified period.
According to CPCB data presented before the Court, Delhi’s Air Quality Index (AQI) had crossed 450 in several areas after Diwali celebrations, driven by a combination of firecracker emissions and industrial pollution from areas around Delhi.
As per CPCB standards, an AQI between 401 and 500 is classified as “severe.” Delhi has been under Stage II of the Graded Response Action Plan (GRAP) since October 19, which is triggered when AQI levels fall between 301 and 400 (“very poor”). Stage II measures include restrictions on polluting activities and higher parking fees in parts of the capital.
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The Court directed that both the CAQM and CPCB must respond to the current status of air quality monitoring stations and the preventive measures being implemented to contain pollution in the region.
