Order: today we have listed the petition to find out how Graded Response Action Plan (GRAP) for NCR regions published by the CAQM is being implemented.

GRAP III comes into picture when AQI ranges from 401 to 450. From the minutes of the meeting of the sub committee of the commission of 13 November 2024, on 13 November itself the AQI had crossed 401.

In fact learned amicus stated that it crossed 400 on 12th of November 2024.

Instead of immediately directing implementation of stage 3 of GRAP the commission directed that Stage 3 should be implemented from 14 November 2024. Same is the case with implementation of stage 4. Order dated 17 records that AQI was 450 at 6:00 p.m. but still direction was passed to implement stage 4 from today morning.

From the submissions made across the bar and from minutes of the meeting dated 13th November 2024 we find that the approach adopted by the sub committee of the commission is contrary to what is observed in paragraph three of this court's order dated 29th October 2018.

The direction was to EPCA to take preemptive steps under GRAP without strict adherence to pollution stages detailed in the plan. the approach adopted by the commission seems to be that they have decided to wait for improvement of AQI and therefore implementation of stage 3 and stage 4 was delayed. This is completely a wrong approach. Even in anticipation of AQI decreasing the threshold limit it is the duty of the commission to start implementation of grade 3 or grade 4 as the case maybe. The commission cannot wait for improvement of AQI.

There is another issue which may require consideration. The issue is which agency's data should be treated as official data for AQI level. Parties will be heard on this aspect.

We direct all governments of NCR area to strictly implement stage 4 of GRAP. All states will immediately constitute teams for monitoring implementations of actions which are required to be taken under stage 4. The NCR state governments and the central government will have to immediately take a call on actions provided in clauses 6, 7 and 8 of stage 4 and place the decision taken on the record before the next date.

We direct the Delhi government and other governments to create grievance redressal mechanism to enable the citizens to lodge complaints of violation of actions under stage 4. We direct the commission to look into the complaints immediately and take action. We make it clear that till further orders are passed by this court implementation of stage 4 will continue even if AQI level drops below 450.

All state governments and Central governments will file compliance affidavit by Thursday.

We also direct the commission to provide for more stringent actions at stages 3 and 4 and for them to not leave anything for the discretion of the government or local authorities. The commission will immediately take a call on this aspect.