Only 9 of Delhi's 37 air quality monitoring stations were functioning on Diwali, SC told

Only nine of Delhi's 37 air quality monitoring stations were functioning on Diwali – when the city was smothered by toxic smog of chemicals from 'green' firecrackers, dust and vehicular pollution, and hazardous particulate matter from farm fires – the Supreme Court was told on Monday.

"Out of 37 in Delhi, only nine monitoring stations were functioning during Diwali…There needs to be a report from CAQM on the current air pollution status,” senior advocate Aparajita Singh --who is assisting the top court as amicus curiae in the Delhi air pollution matter – told a Bench led by CJI BR Gavai.

"There are newspapers after newspapers saying monitoring stations are non-functional. If the monitoring stations are not even functioning, we don't even know when to implement GRAP (Graded Response Action Plan), that is the severe situation, My Lords, let them (CAQM) also answer what is the situation of the monitoring stations, because out of 37 on the day of Diwali, only nine (monitoring stations) were functioning continuously,” Singh submitted.

While mentioning the matter before the Bench, the amicus curiae urged the top court to issue urgent directions to the Commission of Air Quality Management (CAQM) in the National Capital Region (NCR) and Adjoining Areas to file a report on the steps taken to pre-empt the situation.

"Because in the orders passed by My Lords, it was said that you (CAQM) will not wait for the pollution to turn severe, you will pre-empt, so let them just file a report,” she submitted.

The Bench – which also included Justice K Vinod Chandran – ordered the CAQM to place on record an affidavit detailing the steps proposed to be taken to prevent the pollution turning to “severe".

The CAQM counsel said the CAQM had filed a report on pre-emptive measures but due to paucity of time, the Bench could not take up the matter on the previous date and that the said report could be discussed.

As the CAQM counsel said it’s for the Central Pollution Control Board to file the report as they had the data, Singh wondered "Why is the CAQM shirking from filing a report?"

Additional Solicitor General Aishwarya Bhati said state agencies would file the report as required by the court.

While allowing green crackers in Delhi-NCR from October 18 to October 20 during Diwali with certain conditions, the top court had on October 15 asked the Central Pollution Control Board, in consultation with the State Pollution Control Boards and their respective regional offices within the districts coming under the NCR to monitor the air quality index in their respective jurisdictions till October 25 and file a report specifying the air quality of each day.