New Delhi, Nov 25 The Supreme Court on Monday ordered the Commission for Air Quality Management (CAQM) to immediately initiate action against the defaulting officers and entities who have made no earnest effort to implement Stage IV of the GRAP (Graded Response Action Plan) in the national capital and adjoining states.
A bench of Justices Abhay S. Oka and A.G. Masih said that unless the top court is satisfied that there is a consistent downward trend of the Air Quality Index (AQI), it cannot permit relaxation of stage IV norms.
Till further orders, Justice Oka-led Bench directed the Delhi and NCR governments 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.
"The Commission (CAQM) has all the powers under Section 12(1) of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 to issue directions to various Authorities to take several measures to ensure that the persons in the category of labourers, daily wagers, economically weaker sections, etc., do not suffer. We, therefore, direct the Commission to immediately consider the issue of taking mitigating measures by issuing necessary directions," it ordered.
The top court also asked the CAQM to examine the grant of relaxation of actions in relation to educational institutions since a large number of students are being deprived of the facility of mid-day meals as the schools and anganwadis are closed or do not have the facilities to take benefit of online education.
"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. An appropriate decision shall be taken by the Commission on the above aspects immediately, even if a copy of this order is not available," it said.
Further, it asked CAQM to decide on the continuation of the ban on conducting physical classes for Classes 10 and 12.
"We expect that a decision shall be taken by the Commission during the course of the day or, at the latest, by tomorrow morning so that it can be implemented. We make it clear that all other actions provided in stage IV shall be scrupulously implemented," the SC said.
The public interest litigation (PIL) relating to control of pollution will be heard next on Thursday. The Supreme Court clarified that appointment of court commissioners will continue and they will continue their visits to various entry points and keep on submitting the reports to the apex court.
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