SC Slams Delhi Govt for Poor GRAP 4 Implementation, Demands More Truck Check Points

The Supreme Court on Friday questioned the Delhi government for the continuing entry of trucks into the city despite Graded Response Action Plan Stage 4 (GRAP 4) measures in place, which restricts the entry of pollution-causing vehicles. It also directed the Centre and the state government to ensure strict enforcement of the restrictions by deploying police officials at all the identified 113 entry points.

The court added, “the personnel who are going to man the entry points must be clearly informed about what are the accepted (essential) items which are mentioned in clause 3 of order dated November 18, 2024 issued by the government of Delhi. Trucks and other vehicles…carrying only the items mentioned in clause 3 of the order shall be allowed entry.”

The bench, consisting of Justices Abhay S Oka and Augustine George Masih, also pointed out that despite SC order and directions given by the Commission for Air Quality Management (CAQM), “there is a failure on the part of the Delhi government and police machinery of the state to implement clauses 1 and 2 of stage 4” regarding the entry of polluting vehicles into the National Capital.

After the counsel appearing for the Delhi government argued only 13 of the total entry points are designated for trucks, the court said it is hard to believe that the trucks have stopped entering the city, given the fact that 100 entry points are unmanned.

The court has deputed 13 lawyers as commissioners to ensure the implementation of GRAP 4 at the entry points. They are required to take photographs and videos and submit their report to the court on November 25 when it will hear the matter next.

Severe Impacts of GRAP 4 Measures

Appearing for CAQM, Additional Solicitor General Aishwarya Bhati requested the court to permit it to relax GRAP 4 measures. He said, “Please allow us to bring it down to GRAP 3. GRAP 4 is a complete disruption… Yesterday and today, we have come to the GRAP 2 stage. But because of your directions, the GRAP 4 restrictions are continuing.”

Senior Advocate Aparajitha Singh, the Amicus Curiae in the case, also said that it was disruptive which is why “GRAP 4 is an emergency”.

While acknowledging the damaging effects of the measures on several sections of the society, the bench said that it will review the restrictions under GRAP 4 next week and decide whether or not they should be relaxed.

Today’s hearing was a part of the larger attempt to contain air pollution in Delhi NCR area. The court had ordered the implementation of GRAP 4 last week after the air quality index worsened to severe category. It will remain in effect until further notice.

Earlier this week, it pulled up the Delhi government for delaying the implementation of GRAP 4 restrictions despite increasing levels of AQI. The court had also criticised the Centre and the governments of neighbouring states for insufficient coordination and enforcement of preventive measures.