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Synopsis

The Supreme Court has on January 11, 2024 directed the Centre to frame a policy to replace heavy duty diesel vehicles with BS VI ones run on clean fuels, saying the issue of air pollution is of a great deal of importance to every citizen.

The court also came down heavily upon the National Green Tribunal for passing "totally unjustified and unwarranted observations" in its orders on restricting diesel vehicles in the national capital only to control air pollution. "...as if people living here are entitled to pollution free environment and not those living in other parts of the country," said the court.

"Such an observation by the NGT is in complete ignorance of the fact that citizens living in other parts of the country other than Delhi NCR also have a fundamental right to a pollution-free environment as guaranteed by Article 21 of the Constitution of India," a bench of Justices Abhay S Oka and Pankaj Mithal said.

The court explained that such a fundamental right is equally enforceable by all and is not confined to the people of Delhi NCR.   

"The NGT while protecting/safeguarding the fundamental right of the people of Delhi NCR cannot allow infringement of the same fundamental right of the citizens living outside Delhi NCR. The observation of the NGT is totally unjustified and unwarranted," the bench added. 

The court was dealing with a civil appeal by the Container Corporation of India Ltd against the NGT's March 8, 2019 directions to ensure that, in a phased manner, diesel vehicles stop visiting the Inland Container Depot (ICD) at Tughlakabad in Delhi and shift to electric, hybrid and CNG vehicles.   

The tribunal observed that the other alternative was to limit the entry of diesel vehicles only to the satellite terminals (ICDs) at Dadri, Rewari, Ballabhgarh, Khatuawas or any other ICD around Delhi.

The bench asked the court-appointed Environment Pollution (Prevention and Control) Authority (EPCA) to look into the issues raised in the appeal.

"The issue of pollution, particularly air pollution, has been a cause of concern for the last few decades. Air pollution directly affects the fundamental rights of the citizens guaranteed under Article 21 of the Constitution of India. The right to life guaranteed under Article 21 includes the right to live in a pollution free environment. The issue of air pollution is of a great deal of importance to every citizen. Air pollution affects citizens' quality of life. It adversely affects health," the bench said.

The court also pointed out that the issue was more significant in the context of the severe air pollution faced by Delhi NCT and Delhi NCR areas during the last few years. For the last few months, the air quality index in the said areas has been in the category of very unhealthy or hazardous, court noted.

The court accepted the recommendations of the EPCA as the appellant as well as Ministry of Railways also in principle agreed to it.

The bench directed the Union government to formulate a policy of phasing out heavy duty diesel vehicles and replacing them with BS-VI vehicles and frame appropriate policy on this behalf within six months.

The court also asked for continuing the process of exploring the possibility of finding better sources, including CNG/Hybrid/Electric, for the use of heavy-duty vehicles.

The court directed for formulation of the plan for optimal utilisation of ICDs around Delhi, within six months. In the meanwhile, the court also asked the appellant to coordinate with all the official agencies to enable the setting up of central laboratories near ICDs around Delhi NCR.

The court directed the appellant to implement the recommendations made by KPMG in February 2021 for improving the parking management of vehicles in the said ICD within six months.

The bench said that it would continue monitoring the implementation of directions and posted the matter on July 31, 2024, for reporting compliance.

Case Title: Container Corporation of India Ltd.  Versus Ajay Khera & Ors