Refusing to relax the curbs put under Graded Response Action Plan – IV (GRAP stage IV) to control and combat air pollution in Delhi-NCR, the Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) to consider relaxing shutdown of physical classes, noting that a large number of students cannot avail of mid-day meals served in the schools, lack of facilities for online classes and access to air purifiers.

Asking the Commission for Air Quality Management to take a call on relaxing the shutdown of the off- line classes, a bench of Justice Abhay S Oka and Justice Augustine George Masih made it clear that it is leaving it to the Commission to decide to what extent the norms applicable in GRAP III and GRAP-IV, as of today, can be either relaxed or exceptions can be made.

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The top court asked the Commission to make a decision on this issue by today or latest by tomorrow morning so that it can be implemented from Wednesday. The court said that CAQM need not wait for the formal orders of the court to reach it and asked the Additional Solicitor General Aishwarya Bhati to communicate the same to the Commission.

Noting the “serious lapse on the part of the Authorities” in respect of GRAP IV norms, the court directed the Commission for Air Quality Management to immediately initiate action in terms of Section 14 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 against the defaulting officers/entities.

The court direction to the CAQM came as it noted the report of court commissioners stating that the at most of the entry points in Delhi State, the Police were deputed only after the order of this Court of 22nd November 2024. The court said that the court commissioners will continue with the work.

Making it clear that it will not relax the GRAP-IV norms unless it is satisfied that there is a consistent downward trend of AQI, the bench said, “Now, the question is whether Stage IV 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 III or Stage II of the GRAP, as the case may be.”

On the construction workers who have been rendered without work due to stoppage of construction related activities, the court ordered, “As we are continuing the Stage IV norms, pending further orders, we direct all the NCR States to use the funds which have been collected as labour cess for the welfare of the construction workers by providing them weekly subsistence allowance for the period during which the construction activities are prohibited.’

In substance, the court said, all the NCR States will comply with the directions issued by this Court in terms of clause (ii) of the order dated November 24, 2021 relating to payment of the requisite amount by way of subsistence allowance. The action shall be taken immediately by the State Governments.

Directing the CAQM to consider the grant of relaxation in connection with the shutdown of physical classes, the court said that the Commission may consider grant of relaxation/exemption for various reasons, including that a large number of students are being deprived of the facility of Mid-Day Meals and Anganwadis are closed, and a large number of students do not have the facilities to take the benefit of online education and the schools do not have facilities to provide online education.

The court further said that the residences of many students do not have air purifiers, and therefore, there may not be any difference between the children sitting at home and the children attending school.

The court posted the matter for further hearing on Thursday – November 28, 2024.