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A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pamcholi took note of the submissions of senior advocate Aparajita Singh, who is assisting as amicus curiae, that though preventive measures are in place the main issue is their poor implementation by the authorities.
Singh said that unless this court gives some directions, the officers do not follow the protocols, which are already in place.
“It is coming before a three-judge bench on Wednesday. It will come out,” the CJI said.
Another lawyer cited an application related to children’s health issue and said schools, despite earlier orders, were conducting outdoor sports activities.
The amicus also said, “Despite this court order, schools have found ways and means for these sporting activities… This is happening. The CAQM (Commission for Air Quality Management) is again citing this court order.”
“We know the problem, and let us pass orders, which can be complied with. There are certain instructions, which can be forcibly imposed. In these urban metropolises, people have their own lifestyle. But the poor…,” the CJI said.
The amicus said that poor laborers have to suffer the most.
Earlier, the bench had said that the petition against air pollution cannot be treated as a “customary” matter to be listed only during the winter months.
It said the matter would be examined twice a month to find short- and long-term solutions to this threat.
On December 15, Delhi was shrouded in a thick blanket of smog, with the air quality index (AQI) reaching 498, which falls in the high spectrum of the ‘severe’ category.
The air quality was ‘severe’ at 38 stations while it was ‘very poor’ at two stations. Jahangirpuri recorded an AQI of 498, where the air quality was the worst among all 40 stations.
According to the Central Pollution Control Board, an AQI between 0 and 50 is considered ‘good’, 51 to 100 ‘satisfactory’, 101 to 200 ‘moderate’, 201 to 300 ‘poor’, 301 to 400 ‘very poor’ and 401 to 500 ‘severe’.
The AQI in Delhi reached 461 on December 14 and was the city’s most polluted day this winter and the second worst air quality day in December on record, as weak winds and low temperatures trapped pollutants close to the surface.