[Air Pollution] SC refuses to entertain plea seeking to 'allow only one personal car per person'

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"This falls within policy domain", the CJI observed while refusing to entertain the petition.

The Supreme Court on Friday refused to entertain a plea seeking a direction to allow only one personal car per person, with a view to curb the air pollution in the country.

Notably, the plea also sought passing of an order to ensure effective income tax regulation on sale of personal cars in order to prevent misuse of tax regulations like:

  1. In addition to PAN card, a copy of last return filed should be made mandatory for purchasing a personal car.
  2. Withdraw tax benefit for second car to companies or professionals

Tsunami on Roads, the petitioner, an NGO, further sought the Top Court's attention to consider air pollution a pan India disease in an epidemic form and issue a writ of mandamus under Article 226 of Constitution of India to direct the respondents to initiate an effective National Program against air pollution in order to get special attention, priority and better co-ordination amongst States and Centre with better utilization of budget, etc.

The NGO further sought an order to health authorities to release some advisories for vulnerable class i.e. pregnant ladies regarding "what to do & what not to do" to safeguard themselves from air pollution.

"The issues which are raised in the petition under Article 32 of the Constitution of India in the present case pertain to the policy domain. Hence, we are not inclined to entertain the Petition", observed a bench of CJI Chandrachud and Justice Narasimha while refusing to entertain the plea.

Court further ordered that the petitioner NGO is at liberty to pursue their grievances before the authorities in accordance with law.