National Green Tribunal
Suo Motu vs The Chief Secretary, Government Of ... on 12 June, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.1, 2 & 3:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 76 of 2017 (SZ)
With
Original Application No.259 of 2017 (SZ) &
M.A.No. 209 to 214 of 2017 (SZ)
With
Original Application No. 260 of 2017 (SZ)
IN THE MATTER OF:
Proceedings initiated based on the
News item published in "Malayala Manorama News
Paper" - Malayalam Edition dated 25.03.2017 on
the Caption " BLACK CITY". ...Applicant(s)
Versus
The Chief Secretary,
Government of Kerala and others. ...Respondent(s)
With
Lawyers Environmental Awareness
Forum (LEAF) ...Applicant(s)
Versus
State of Kerala and others. ...Respondent(s)
1
With
Lawyers Environmental Awareness
Forum (LEAF) ...Applicant(s)
Versus
State of Kerala and others. ....Respondent(s)
Date of hearing: 12.06.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
Original Application No. 76 of 2017 (SZ):
For Applicant(s): By Court.
For Respondent(s): Mr.E.K. Kumaresan for R1,2,3 & R6
M/s. V.K.Rema Smrithi for R4.
M/s. K.R. Harin for R5.
Original Application No. 259 of 2017 (SZ) &
M.A. No. 209 to 214/2017 (SZ)
For Applicant(s): None.
For Respondent(s): Mr.E.K. Kumaresan for R1, 3 & 4.
M/s. V.K.Rema Smrithi for R2.
M/s. D.S. Ekambaram represented
through M/s. Jayalakshmim for CPCB.
M/s. Surabhi Khatter represented for R5.
2
Original Application No. 260 of 2017 (SZ)
For Applicant(s): None.
For Respondent(s): Mr.E.K. Kumaresan for R1, 3 & R4.
M/s. V.K.Rema Smrithi for R2.
ORDER
1. Original application No. 76 of 2017 was taken up Suo-Motu by this Tribunal on the basis of News item published in Malayala Manorama newspaper dated, 25.03.2017 under the caption "BLACK CITY". The Suo-Moto case was in respect of black fumes spews in the air in the city of Cochin alone which causes air pollution.
2. Original Application No. 259 of 2017, is another case filed by Lawyers Environmental Awareness Forum (LEAF), an organisation formed by Lawyers of High Court of Kerala who are dealing with the environmental issues arising in the State. In that case they have alleged that on account of plying of old vehicles, air pollution is being caused.
3. Original Application No. 260 of 2017, is also a case filed by Lawyers Environmental Awareness Forum (LEAF) in respect of air pollution caused especially due to plying of large trucks, bus, Auto rickshaws, Taxi, etc., emitting smoke causing air pollution.
So, all these cases are relating to the issue regarding the air pollution caused on account of the various reasons, particularly 3 vehicular emissions and how to control the same in State of Kerala.
4. In Original Application No. 259 of 2017, this Tribunal had considered the aspect as per order dated 06.01.2020 and passed the following order:
"The above case has been filed by applicant before the Circuit Bench at Kochi, seeking the following reliefs:
1. To issue an order or direction to the respondents to ban all diesel operated trucks, lorries, autos, taxis etc from plying for more than 10 years in Kerala.
2. To issue an order or direction directing that vehicles manufactured by the 5th respondent are banned from selling any vehicle till their manufacturing units are inspected and approved by the 4th respondent;
3. To issue an order or direction directing the Kerala Motor Vehicles Department to strictly insist for the pollution free certificates from buses, lorries, autos and taxis in Kerala with immediate effect."
The allegation in the application was that petitioner is an organisation constituted with members of Lawyer community and they were pro-active in raising host of environmental issues, either through public awareness campaigns or approaching High Court. They were also assisting the High court in environmental issues. The issue that was raised in the case was regarding the anticipated pollution that is likely to be caused in the State of Kerala due to vehicular emission and other emissions. They have further mentioned in the petition that if the same situation continues, then it will be worsen than Delhi in respect of pollution. Further the city is also termed as one of the critically polluted cities which 4 requires serious attention. It is mentioned in the petition that pursuant to the directions issued by the Hon'ble Supreme Court as well as the National Green Tribunal, Principal Bench, use and sale of diesel vehicles in the State of Delhi have been restricted. Due to uncontrolled use of diesel vehicles especially large trucks, auto rickshaws and taxies etc. Delhi has become the most polluted city in the world today.
In order to protect the citizens of Kerala from a similar fate, it is just and necessary that preventive measures are to be taken by the State Government. However, there was no policy formulation on the issue of curbing the use of diesel vehicles which are more than ten years old in Kerala. Kerala is already hit hard by unrestricted mining. Forests are cut down by property developers who are building luxury resorts in dense jungles with impunity. The Hon'ble High Court of Kerala has time and again come to the rescue of environment by ruthlessly taming the builders lobby.
In a recent decision reported in Kerala High Court cases delivered by Hon'ble Justice A.V. Ramakrishna Pillai (as he then was) one of the biggest builders in India viz., DLF was directed to demolish its large scale construction project, since they have violated the Coastal Regulation Zone Regulations. An appeal has been preferred. That was pending at that time. The case has been now disposed of by the Hon'ble Apex Court, giving certain directions. The Greater Kochi Area which is the commercial hub of Kerala ranks 24th amongst the critically polluted areas (CPA) in the country. The density of vehicles in the city is highest in Kerala. The diesel fumes and other particulate matter in the air in Kochi is taking a heavy toll of its citizenry. Out door air pollution has become the fifth largest killer in India after high blood pressure, indoor air pollution, tobacco smoking and poor nutrition says 5 a new set of studies. The Global Burden of Disease (GBD) report is a world wide initiative involving the World Health Organization which tracks deaths and illness from all causes across the world every ten years. The findings were released by Aaron Cohen, principal epidemiologist of the Health Effects Institute and co-chair of the GBD Ambient Air Pollution Expert Group.
The report states that in 2010 about 6,20,000 premature deaths occurred in India by air pollution related diseases. Air pollution is one of the top 10 killers in the world and six most dangerous killer in South Asia. In fact, particulate air pollution is now just three places behind indoor air pollution, which is the second highest killer in India. Use of vehicles using diesel as fuel is on the increase today in Kerala. However, the recent ban of luxury SUVs, using diesel by the Apex Court is only to be replicated in Kerala. Lorries and trucks that are more than 10 years old are the main culprits in rising air pollution levels in Kerala. Government vehicles are the most notorious. Kerala Road Transport Vehicles, due to poor maintenance, are spewing deadly gases into the atmosphere. The Motor Vehicles Department takes special interest only to penalize bike owners or car owners but are reluctant to ensure that buses and trucks in Kerala are complying with pollution norms. It is also mentioned in the petition regarding the action taken against fifth respondent company where certain directions have been issued to ban such vehicles plying on Indian roads. It is also mentioned in the application that diesel powered vehicles and equipment account for nearly half of all nitrogen oxides and more than two thirds of all particulate matter (PM) emissions from US transportation sources. Particulate matter or soot is created during the incomplete combustion of diesel fuel. Its 6 composition often includes hundreds of chemical elements, including sulfates, ammonium, nitrates, elemental carbon, condensed organic compounds and even carcinogenic compounds and heavy metals such as arsenic, selenium, cadmium and zinc. Though just a fraction of the width of a human hair, particulate matter varies in size from coarse particulates (less than 10 microns in diameter) to fine particulates (less than 2.5 microns) to ultrafine particulates (less than 0.1 microns). Ultrafine particulates which are small enough to penetrate the cells of the lungs, make up 80 to 95% of diesel soot pollution. If this rising diesel soot pollution is not controlled, lungs of the citizen of Kerala would be damaged beyond repair. Diesel exhaust has been classified a potential human carcinogen by the U.S. Environmental Protection Agency (EPA) and the International agency for Research on Cancer. Exposure to high levels of diesel exhaust has been shown to cause lung tumors in rats and studies of humans routinely exposed to diesel fumes indicate a greater risk of lung cancer. For example, occupational health studies of rail road, dock, trucking and bus garage workers exposed to high levels of diesel exhaust over many years consistently demonstrate 20 to 50 percent increase in the risk of lung cancer or mortality.
In M.C. MEHTA VS. UNION OF INDIA AND OTHERS 2004 (12) SCC 118 the Apex Court considered the need to have the environment protection and fundamental duty is cast upon the State by virtue of Article 51 (g) and other relevant provisions of the Constitution of India. Highlighting the "polluter pays" principle it was held that the natural resources of air, water and soil cannot be utilized if the utilization results in irreversible damage to the environment and that life, public health and ecology have priority over 7 unemployment and loss of revenue. The principle of sustainable development and the precautionary principle were reiterated and explained, making it clear that development and protection of the environment are not enemies and that a balance has to be struck, however, categorically asserting that in cases of doubt, environment concerns take precedence over economic interest.
The services of 6th respondent National Environment Engineering Research Institute (NEERI), Nagpur has been sought for by the Supreme Court. In the decision reported in STERLITE INDUSTRIES INDIA LTD & OTHERS VS. UNION OF INDIA 2011 (13) SCC 769 the Supreme Court held that NEERI should make a pollution and environment impact assessment and submit their report to the court. In that case it was directed to study and report the level of pollution in major cities of Kerala starting from its commercial hub Kochi and also means to prevent another Delhi smog attack in Kerala. So with these grounds, as a precautionary measure, applicant wants intervention of the National Green Tribunal to give a direction to the authorities to curtail the use of old vehicles and also to promote alternate clean fuel to prevent pollution.
This Tribunal by an interim order directed ban of ten years old diesel vehicles in Kerala. The following directions were given by this Tribunal.
"In the meanwhile, the State of Kerala shall not register any diesel vehicle with the capacity of 2000 CC and above, except Public Transport and Local Authority Vehicle. Further, we direct that all the diesel vehicles, whether light or heavy, which are more than ten years old, shall not be permitted to ply on the road in the major cities like Thiruvananthapuram, 8 Kollam, Kochi, Thrissur, Calicut and Kannur. Upon expiry of 30 days from today, if any vehicle is found to be violating this direction, then it would be liable to pay Rs.5,000/- per violation, as Environmental Compensation. This would be collected by the Traffic Police and/or the Pollution Control Board. The State Pollution Control Board shall maintain a separate account in this behalf. The fund so collected shall be spent only for betterment of environment in these cities, subject to orders of the Tribunal.
That was challenged before the Kerala High Court by filing several writ petitions viz., W.P.(C)Nos.19067, 19249, 19255 & 19267 of 2016. Learned Single Judge of the Kerala High Court had stayed the operation of the order which was challenged by filing appeal before the Division Bench of the Kerala High Court and the Division Bench did not interfere with the order of the learned Single Judge but only mentioned that will not affect the right of the National Green Tribunal to go into the question, after hearing both sides and pass appropriate orders.
In this regard, we may also refer to the orders passed by the Larger Bench of the Principal Bench in the case of VARDHMAN KAUSHIK VS. UNION OF INDIA and the order of the Supreme Court in the case of M.C. MEHTA VS. UNION OF INDIA."
Parties have filed counter statements which we are not elaborately discussing and certain parties got impleaded in the matter. There was direction to the Pollution Control Board to conduct studies regarding Ambient Air Quality in major cities viz., Thiruvananthapuram, Kollam, Kochi, Thrissur, Calicut and Kannur and they have submitted a 9 report regarding the same. Such report was submitted in September, 2016.
The Central Pollution Control Board, South Zonal Office, Bengaluru had made the following observations in the latest report:
"The overall results of the analysis for annual average concentration reveals that the concentration of SO2 and NO2 in all the six cities were found to be within 50ug/m3 & 40 ug/m3 of the prescribed standard limit respectively. Whereas the annual average concentration of RSPM was found to be exceeded at Filatex, Veli during the years 2009 to 2012 ad at SMV shoot during the year 2009 in Thiruvananthapuram district.
In Ernakulam/Kochi district, the annual average concentration of RSPM exceeded almost at all locations during 2012 & 2013 and also RSPM exceeded at five locations during the year 2014. In Kannur district, the RPM was found to be exceeded Mangattuparambu during 2013.
The monthly average concentration of all three pollutants SO2 , NO2 and RSPM measured at 18 locations in six districts during period from January to June 2016 indicates low level concentration of pollutants.
However, the district wise ambient air quality status as compared to annual average is depicted as below:
1. In the district of Thiruvananthapuram, the annual average concentration of SO2 and NO2 are found to be below the prescribed standard limit as compared to the annual average standard limit of 50 ug/m3 40 ug/m3 meant for industrial & residential zones respectively. The annual average concentration of RSPM exceeded at Filatex, Veli 10 during the years 2009 -2012 and at SMV school during the year 2009. The RSPM concentration found to be within the prescribed annual average standard limit of 60 ug/m3 at Cosmopolitan and Pettah.
In Kollam district the SO2 NO2 and RSPM concentrations are found to be below the prescribed standard limit as compared to the annual average standard limit of 50 ug/m3 , 40 ug/m3 & 60 ug/m3 respectively.
In the district of Ernakulam/Kochi, the annual average concentration of SO2 and NO2 found to be within the prescribed standard limit at all locations during 2009 - 2015. The annual average concentration of RSPM exceeded almost at all locations during 2012 and 2013, whereas RSPM concentration found to be within the prescribed standard limit of 60 ug/m3 at all seven locations during the years 2009, 2010, 2011 and 2015. It is also found that the concentration of RSPM exceeded at five locations in the year 2014.
In Thrissur district, the SO2, NO2 and RSPM concentrations are found to be within the prescribed standard limit as compared to the annual average standard limit of 50 ug/m3, 40 ug/m3 & 60 ug/m3 respectively. The RSPM concentration exceeded during 2012.
In Kozhikode district the SO2, NO2 and RSPM concentration are found to be below the prescribed standard limit as compared to the annual average standard limit of 50 ug/m3 , 40 ug/m3 & 60 ug/m3 meant for industrial & residential zones respectively.
In Kannur district the concentration of SO2 , NO2 and RSPM are found to be below the standard limit as compared to the annual average standard limit of 50 ug/m3 , 40 ug/m3 11 and 60 ug/m3 respectively , except exceedance found at Mangattuparambu during 2013."
The present status of ambient air quality in Kerala is not known. Further one cannot take shelter under premises that Kerala has not reached the stage of Delhi so as to take preventive measures in a war footing manner. As far as environment is concerned, there is a duty cast on the State to provide clean environment as part of right to life enshrined in Article 21 of the Constitution of India. One cannot be expected to be affected by disease for the purpose of treatment. Admittedly air pollution is an intricate cause for creating disease which affects the longevity of life throughout the world. It is a global issue. Prevention is better than cure must be the slogan one has to find out the reason for the disease and take steps to prevent the same instead of treating the disease. There is nothing wrong for State Government to take steps to protect environment against pollution, applying precautionary principle.
Admittedly, vehicular pollution is one which causes greater concern. Using diesel is also one of the causes which creates more emission resulting in air pollution and considered to be the reason for number of diseases. Conferences and seminars conducted by the Scientific Research Institute reflected that air pollution is one of the reasons for increasing the mortality rate in tune with cancer and lung diseases. Nobody is concerned about the steps to be taken to control the same as well.
So, under these circumstances, we feel it appropriate to have a study to be conducted in this regard as regards the State of Kerala. National Green Tribunal, Principal Bench, New Delhi is dealing with 102 polluted cities and action plan 12 is being asked for from the States to know about the steps taken to curtail the pollution issues in these cities, including air pollution which is the result of indiscriminate use of diesel vehicles and disposal of garbage and other matters in O.A.No.681 of 2018 which is a suo motu case registered by the Principal Bench of the National Green Tribunal, New Delhi on the basis of the news item published in Times of India authored by Sri Vishwa Mohan titled "ACAP with multiple time lines to clean air in 102 cities . Several directions have been given by the National Green Tribunal in the matter to improve the air quality standard in respect of these cities which is notified as critically polluted cities.
The directions that we are going to give in this matter will not in any way interfere with the directions given by the National Green Tribunal, Principal Bench, but it is a supplement to the action to be taken in respect of State of Kerala to make the State a pollution free State.
So, under these circumstances, we feel it necessary to have a study to be conducted by a committee comprising of (1) Central Pollution Control Board, (2) MoEF & CC Regional Office, Chennai, (3) Motor Vehicles Department, Kerala, (4) Kerala State Pollution Control Board, (5) IIT, Chennai and (6) NEERI, Chennai to consider the question of ambient air quality in the State of Kerala, especially in the cities viz., Thiruvananthapuram, Kollam, Kochi, Alapuzha, Kozhikode, Thrissur, Calicut, Kasarkode and Kannur and sources of pollution and also long term and short term steps to be evolved for the purpose of reducing pollution index and improve ambient air quality in the State of Kerala and also frame necessary time line for implementing the directions given in VARDHMAN KAUSHIK case in respect of banning of old vehicles and switch over to alternate clean fuel vehicles, 13 including CNG and electric vehicles and submit a report to this Tribunal by e-mail @ [email protected] within a period of three months. The Kerala State Pollution Control Board will be nodal agency for this purpose. The Registry is directed to communicate this order to the concerned officials for the purpose of compliance. The committee shall be at liberty to co-opt any other experts for the purpose of arriving at a right conclusion and suggestion for remediation.
Learned counsel appearing for fifth respondent Volkswagen submitted that the issue regarding their contribution to the alleged violation of pollution norms has been considered by the Principal Bench of the National Green Tribunal, New Delhi in O.A.No.509 of 2015 and O.A.No.527 of 2015 and the National Green Tribunal has imposed environment compensation of Rs.500/- Crores and that is being challenged by the fifth respondent before the Hon'ble Supreme Court by filing Civil Appeal Diary No.12697 of 2019 and Civil Appeal Nos.1086 of 2019 and Civil Appeal No.4069 of 2019. The Hon'ble Apex Court stayed the implementation of coercive steps to be taken against the appellant Volkswagen India Pvt. Ltd for realization of compensation imposed by the Principal Bench of the National Green Tribunal, New Delhi. So they wanted to be deleted from the array of parties. Since other transport operators will also come on record and vehicular pollution is one of the matter which is to be considered by the committee, we feel that there is no necessity to delete them from the array of parties. They can also give their suggestions before the committee for the purpose of curtailing pollution index and improve ambient air quality by improving standard of vehicles to be used on road along with other manufacturers, if such suggestions are called for by the committee for the purpose of arriving at a 14 proper assessment of the issue in question in respect of improving ambient air quality in the State of Kerala"
and the case was posted to 06.05.2020 for submission of the report.
5. In Original Application No. 260 of 2017, this Tribunal has considered the pleadings and passed the following order on 07.01.2020.
"1. The main issue in this case is regarding Pollution caused due to uncontrolled use of Vehicles especially large Trucks, Bus, Auto rickshaw, taxi etc., emitting the smoke. According to the petitioner as per the report on health study made by some organisation about 6,20,000 premature deaths occurred in India due to air pollution related diseases. Air Pollution is one of the top killers in the world, and the sixth most dangerous killer in South Asia. Outdoor air pollution has become fifth largest killer in India. ICCT (International Council on Clean transportation) study shows that vehicular emissions can be controlled substantially by early introduction of sticker standards of Bharat Stage adopted in Auto Fuel policy 2002. It has laid down a road map for introduction of cleaner fuels and vehicles in the country up to 2010. The Auto Fuel Emission Committee set up in 2013 has recommended the introduction of BS IV and BS V norms across the country.
2. It is further mentioned in the petition that the Lorries and trucks that are more than 10 years old are the main culprits in the rising air pollution level in Kerala. Government vehicles are the most notorious and Kerala Road Transport Vehicles are also using older vehicles without making proper maintenance, emitting deadly gases in to the atmosphere.15
The Motor Vehicle Department takes special interest only to penalise the bike owners or car owners, but are reluctant to ensure that the buses and trucks in Kerala are complying with the pollution norms.
3. It is also mentioned as per the report dated, 21.03.2016 seen in Malayala Manorama News, Respondents 3 and 5 have hurriedly taken steps to purchase 1500 new buses before 1st April 2016. After 1st April, 2016 in Kerala registration is permitted only for BS IV Buses as part of Fuel Control Policy. Since the price of BS Standard buses is too high, the respondents have taken steps to purchase these buses prior March 2016. It is further stated, 1350 Ordinary buses, 150 suspension buses and 18 Scannia buses would run in Kerala roads and the action of the respondents cause more air pollution and defeat the purpose of Auto Fuel Policy.
4. So, the petitioner as an organisation interested in environment filed this application seeking the following relief:
"(i) To issue an order or direction to the respondents to stop all new operated KSRTC buses purchased in March 2016 without BS IV from plying in Kerala.
(ii) To issue an order or direction directing the 4th respondent Kerala Motor Vehicles Department to comply with Auto Fuel Policy standard for Registration of government Buses also and pollution fee certificates from 2nd respondent with immediate effect."
5.The 5th Respondent Kerala Road Transport Corporation filed a statement contending that application is not maintainable, as it will not fall under any of the statute mentioned under the National Green Tribunal Act, 2010 and it will not fall under Section 14 (1), 15 (1), and 16 17 (1), and (2) of the National Green Tribunal Act, 2010 as well.
6. It is contended that all the vehicles of the respondents have got fitness certificate, as provided under Section 56 of the Motor Vehicles Act and the fitness certificates were issued by the authority after satisfying that all the Vehicles of the respondent complied all the requirements of the Motor Vehicles Act. Rule 115 of the Central Motor Vehicle Rules 1989 prescribe emission of smoke, vapour etc from Motor Vehicles and 115 (9) prescribes mass emission standard for diesel vehicles and this respondent's vehicle has satisfied those standards prescribed under Rule 115 (9) of the Central Motor Vehicle Rules and after complying with all the formalities, the authority had issued fitness certificate and emission certificate to the vehicle of the respondent.
7. Motor Vehicles Act is a self contained code and Section 94 of the Motor Vehicles Act is a bar of jurisdiction of all courts. They have relied on the decision reported in O.P.899 and W.A. 186 of 1995 dated 07.03.1995 A.M.S. Mannadiar Vs. State of Kerala in 1991 (1) KLT 606 and also reported in AIR 1954 Supreme Court 340 in Civil Appeal No.14 of 1953 Kiran Singh Vs. Chaman Paswan & Ors. Dated 14.04.1954, in support of this content.
8. In public interest the Government of Kerala issued a draft notification Under Section 99 (1) of the Motor Vehicles Act, on 02.08.2012 by which monopoly was granted to the 5th respondent to conduct the Fast Passenger and other Super Class service in the State of Kerala.
9. Subsequently, the Government of Kerala approved the scheme and final notification has been issued on 16.07.2013. For the purpose of implementing 17 the above scheme and to replace some old stage carriages, the Board of Directors of the 5th respondent Corporation took a decision on 13.12.2013 to purchase 1500 chassis for the bus by inviting tenders. Accordingly, 2 separate notifications have been issued by the 5th respondent for purchasing 1350 conventional chassis and 150 Air suspension chassis.
10. Pursuant to the above notifications, tenders have been called for and tenders were submitted by various persons and one of the tenders has been rejected due to technical grounds. The bidder approached the Hon'ble High Court of Kerala and the Hon'ble Court directed to conduct re-tender. Accordingly re-tender notification was issued on 20.08.2014 for this purpose. Purchase order has been issued to M/s. Ashok Leyland for supply of 1080 chassis on 28.10.2014 and supply schedule of the above purchase order was before March 2015. Similarly purchase order has been issued to M/s. Tata Motors Limited, for supply of 135 chassis on 28.10.2014 and supply schedule of the above purchased order was before March 2015. Another purchase order has been issued to M/s V.E. Commercial Limited, for supply of 20 chassis on 28.10.2014 and supply schedule of the above purchase order was before December 2014.
11. Another purchase order has been issued to M/s. Tata Motors limited, for supply of 75 chassis on 26.08.2015 and supply schedule of the above purchase order was during September 2015. Another purchase order has been issued to M/s. V.E. Commercial limited, for supply of 10 chassis on 22.09.2015 and supply of the above purchase order was during October 2015. Another purchase order has been issued to M/s. Ashok Leyland Limited, for supply of 37 chassis on 14.01.2016 and 18 supply schedule of the above purchase order was during February and March 2016. Another purchased order has been issued M/s. V.E. Commercial schedule of the above purchase order was during February and March 2016. Again purchase order has been issued to M/s Ashok Leyland Limited for supply of 9 chassis on 15.03.2016 and supply schedule of the above purchase order was during March 2016. Another purchase order has been issued to M/s. Tata Motors Limited for the supply of 19 chassis on 15.03.2016 and supply of schedule of the above purchase order was during March 2016.
12. The Government notification referred to by the petitioner is only applicable to the purchase of vehicles after 01.04.2016. As a matter of fact all the proceedings for purchase of 1500 chassis have been completed by the 5th respondent before 31.03.2016. Therefore they pray for dismissal for the application.
13. The 2nd respondent / Kerala State Pollution Control Board (KSPCB) filed their reply in the form of a the report contending that Kerala State Pollution Control Board is monitoring ambient air quality at 30 locations in the District of Thiruvananthappuram, Kollam, Pathanamthitta, Alapuzha, Kottayam, Idukki, Ernakulam, Trissur, Palakkad, Malappupram, Kozhokode, Vayanad, Kannur and Kasaragod. The locations fall under the categories of industrial, commercial, residential and sensitive. Of the 30 stations, 24 come under National Ambient Air Quality Monitoring Programme (NAMP) and 6 under State Ambient Air Quality Monitoring Programme (SAMP). Parameters such as Sulphur dioxide, Nitrogen Oxides and Repairable Suspended particulate Matter (below 10 micron size) (RSPM) are monitored regularly. Ambient air monitoring is conducted 24 hours a day for 2 19 days every week at each station. Sulphur dioxide (SO2) and Nitrogen Oxides (NOx) are monitored at four hour interval and Respirable Suspended Particulate Matter (RSPM) at eight hour interval. Monitoring of remaining parameters under (NAAQS) is in the implementation level. The monitoring and method of analysis are according to the National Ambient Air Quality Standards (NAAQS) specified by the Central Pollution Board. The compiled data is being published as an annual directory in the State and published nationally by Central Pollution Control Board.
14. One of the reasons for high value is its proximity to the main road and having high level soil dust. In the air quality monitoring done by the Board during 2009 to 2013, the annual average concentrations of Sulphur dioxide and Oxides of Nitrogen are never found exceeding the limit values whereas the RSPM values were exceeded the limit value (60µg/m3) many times. The RSPM value exceeds the limit at 7 stations during 2012 and in 9 stations during 2013. Ernakulum was shown as one of the place where the RSPM values exceeded the limit.
15. They are monitoring the air pollution in industrial sector and also other sectors. The source of pollution is vehicle emission, garbage disposal and dust due to construction activities. The National Ambient Air Quality is being monitored as per the directions of the Central Pollution Control Board. Necessary instructions have been given to control the same by the Kerala State Pollution Control Board. It is also mentioned that the Ambient Air Quality in the State at present is not alarming. They prayed for dismissal of application.
16. We are not agreeable with the contention raised by the Kerala Road Transport Corporation that this 20 Tribunal has no jurisdiction to entertain the application. It may be true that Motor Vehicles Act is a self contained Code and the action taken by the Motor Vehicle Department cannot be independently challenged before the civil court but if the emissions standard is not maintained and it is affecting the air quality of a particular place, then under section 15 of National Green Tribunal, Act, this tribunal has got power to look into the issue when it raises a substantial question relating to environment affecting the public health.
17. Considering the fact that set of directions have been issued by the Principal Bench of National Green Tribunal in Vardhaman Koushik Case in O.A. No.21/2014 and also in M.C. Mehta Case in W.P. No.13029/1985 in the Apex Court though, it relates to control of Pollution in Delhi, it does it mean that the State Governments are not expected to take remedial measures to control pollution or maintain the State Pollution by applying strict norms or adopting alternate Cleaner and Green policy on precautionary Principle maintaining sustainable development in tune with environmental protection as part of their duty under article 48 (A) and 51(g) of Constitution of India to provide Clean air as part of right to life to a citizen and under article 21 of the constitution of India.
18. Under such circumstances we feel it appropriate to direct the State Government and the Kerala State Road Transport Corporation and the Commissioner of transport of State of Kerala to submit a present status regarding the number of old diesel vehicles being used by the corporation and also by the State Government and what are all the steps taken by the Government and the corporation to implement the policy of the Central Government using cleaner and Green Alternate Fuel Policy 21 so as to improve the ambient air quality in the State and what are the steps taken by them to phase out the old vehicles by replacing the same with model vehicles including CNG and Electric vehicles to control air pollution in the State. Such a report be filed before the next hearing date.
19. The State Government as well as the Kerala State Road Transport Corporation are also directed to submit a long term and shot term action plan with specific guidelines to implement the phasing of the old vehicles and replacing the same with alternate greener and clean fuel efficiency vehicles before the next hearing date.
20. The Registry is directed to communicate this order to the Chief Secretary, State of Kerala and also to the Managing Director of the Kerala State Road Transport Corporation, the Commissioner of transport and State of Kerala through e-mail immediately.
21. Since there is no representation for the petitioner as it was filed before the Circuit Bench Kerala at Kochi and thereafter it has been transferred and renumbered, we feel it appropriate to give one more opportunity to the petitioner to appear before the Tribunal to represent this case.
22. The Registry is also directed to send notice to the counsel for the petitioner as there is no representation for them after it was transferred to this Tribunal from the Circuit Bench Kochi. "
6. The case was posted to 19.03.2020 for report. Thereafter, on 19.03.2020, it was again adjourned to 06.05.2020 to be taken up along with Original Application No. 259 of 2017 and Original 22 Application No. 76 of 2017 which are the cases referred to above.
On 06.05.2020, the cases were adjourned to 04.06.2020 and on 04.06.2020, it was again adjourned to today by successive notifications.
7. Since, all these cases are relating to air pollution caused in State of Kerala and the remedial measures to be taken to remedy the same, we feel it appropriate to consider all these cases together and dispose of by a common judgement. So, they are tagged together.
8. In Original Application No. 76 of 2017, Pollution Control Board had filed an additional report which reads as follows:
"ADDITIONAL REPORT FILED BY THE SENIOR ENVIRONMENTAL ENGINEER, LEGAL CELL, REGIONAL OFFICE, ERNAKULAM, ON BEHALF OF THE 4TH RESPONDENT
1. Vinaya K.S. 48 years, w/o Sri. K.R. Manoj, Senior Environmental Engineer, Regional Office, Kerala State pollution Control Board, Ernakulam do hereby submit as follows:
1. It is humbly submitted that, as per the provisions of the Air (Prevention and Control of Pollution) Act 1981, the Government of Indian in the Ministry of Environment and forest have notified the National Ambient Air Quality Standards (NAAQS) in 2009. This revised national standards aim to provide uniform air quality standards across the country 23 irrespective of the land use pattern. 12 health based parameters are identified in the NAAQS which are to be measured at national level with a view to have data comparison. The parameters specified as per the NAAQS are SO2, NO2, PM10, PM2.5, Ozone, Lead, Carbon Monoxide, Ammonia, Benzene, Benzopyrene, Arsenic and Nickel as per the National Air Quality Standards. Copy of the notification is produced here with as Annexure R4(a).
2. It is respectfully submitted that, Particulate Matter (PM) is a term used to describe the combined presence of solid particles and liquid droplets in air.
PM is emitted during the combustion of solid and liquid fuels for power generation, domestic heating and in vehicle engines. PM2.5 denotes particles with a diameter less than 2.5 metres µm PM2.5 is also known as fine particular matter. Exhaust gases are a main source of PM2.5. Consequently levels of PM2.5 close to roadsides are often much higher than those in background locations. The main contributors that increase the levels of particulate matter are vehicles, power generators, industrial and agricultural emissions, residential heating and cooking, manufacture of chemicals, forest fires and construction activities.
3. It is submitted that the main contention in the O.A. is that the concentration of carbon black in Kochi City is very high. Carbon Black is not included as a parameter in the NAAQS. Hence the concentration of carbon black in the atmosphere is not directly measured by the Board. Carbon Black occurs in solid form in the atmosphere and hence would 24 naturally form a part of the particulate matter in the atmosphere. The Board is regularly measuring concentration of Particulate Matter in the ambient air cross the State including in Kochi city. The carbon black if any present, will form a part of this particulate matter. PM2.5 include the particle of size less than 2.5 µm which also include carbon content in the atmosphere.
4. In the newspaper item forming the basis of this O.A. the concentration of carbon black is said to have been measured using Aethelo meter. Since carbon black is not a parameter in NAAQS the Board is measuring only the particulate matter. The measurement methods prescribed in the notification parameters include gravimetric. TOEM Beta ray Attenuation. Use of Aethelo meter is not specified in NAAQS.
5. It is respectfully submitted that, in view of the air quality improvement effort, CPCB took initiative for developing a Air Quality Index (AQI) for Indian cities. Air Quality index is defined as a tool that transforms the weighed values of individual air pollution related parameters into a single number or set of numbers. AQI can be used to disseminate information on air quality in qualitative terms (eg. Good, satisfactory, poor) as well as its associated likely health impacts. There are six AQI categories namely Good, Satisfactory, Moderate polluted, poor, very poor and severe. AQI considers eight pollutants for which short term (upto 24 hourly average) standards are prescribed. AQI can be calculated if monitoring data are available for minimum three pollutants of which one should 25 necessarily be PM2.5 or PM10. Break points for AQI scale 0-500 is enclosed herewith as Annexure R4(b).
6. I humbly submit that the Board has established five number of Manual Air Quality Monitoring stations in the Kochi City under NAMP (National Ambient air Quality Monitoring Programme) and these are working satisfactorily. Different parameters PM10, SO2, NH3, NOx etc., are being monitored by the Board. Copy of the tabulated data on annual average of Ambient Air Quality at five stations of Kochi City for the past three years are produced herewith and marked as Annexure R4(c). Annual average concentration of PM10, So2 and Nox measured at 5 stations in Kochi City was seen well within the standards prescribed except PM10 at Kalamassery in 2018. Monitoring of PM2.5 concentration under NAMP, was started in the middle of the year 2019.
7. It is respectfully submitted that, the Board had established two Continuous Ambient Air Quality Monitoring Stations (CAAQMS) in Kochi, at Vytila Hub and MG Road in Ernakulam District. These are functioning from 2018 onwards and it is continuously operating. In this facility, the concentration of PM2.5, PM10, So2, NH3, NO2, NOx, CO, O3, NO, H2S in ambient air are being measured continuously. The monthly average of the Continuous Ambient Air Quality data and monthly AQI values for the year 2017, 2018, 2019 is produced herewith as Annexure R4 (d). As per the records in Vytila Hub almost all the values are in between 51-200 (satisfactory and moderately 26 polluted) except June 2018, December 2018 and January 2019. Pollution Control Board is the statutory authority for monitoring and publishing data on air quality in the State and it is done as per method approved by the Central Pollution Control Board. Since the carbon black also a part of the concentration of particulate matters, which is monitored by the Board and if the concentration of particulate matter is exceeding the limit, then only the matter has to be viewed seriously. Till then there is no relevant in the measurement of carbon black only.
8. Dated this the 14th day of May 2020.
Annexure - R4 (a):
NATIONAL AMBIENT AIR QUALITY STANDARDS CENTRAL POLLUTION CONTROL BOARD NOTIFICATION New Delhi, the 18th November, 2009 No.B-29016/20/90/PCI-L - In execise of the powers conferred by Sub-section (2) (h) of section 16 of the Air (Prevention and Control of Pollution) Act, 1981 (Act No.14 of 1981), and in super session of the Notification No(s). S.O. 384 (E), dated 11th April, 1994 and S.O. 935 (E), Ambient Air Quality Standards with immediate effect, namely:-
NATIONAL AMBIENT AIR QUALITY STANDARDS Concentration in Ambient Air Time Indust Ecologi S. Methods of Pollutant Weighted rial, cally No. Measurement average Resid sensitiv ential, e area Rural (notifie 27 and d by Other Central Area Govt.) (1) (2) (3) (4) (5) (6) 1 Sulphur Annual * 50 20 Improved West Dioxide and Geake (SO2), Ultraviolet 24 hours ** 80 80 µg/m3 flourescence 2 Nitrogen Annual * 40 30 Modified Jacob & Dixode Hochheiser (Na-
(NO2), Arsenite)
24 hours ** 80 80
µg/m3 Chemiluminesce
nce
3 Particula Annual * 60 60 Gravimetric
te Matter 24 hours ** 100 100 TOEM
(size less Beta attenuation
that 10
µm) or
PM10
µg/m3
4 Particula Annual * 40 40 Gravimetric
te Matter 24 hours ** 60 60 TOEM
(size less Beta attenuation
than 2.5
microns)
or PM2.5
µg/m3
5 Ozone 8 hours ** 100 100 UV photometric
(O3) 1 hour** 180 180 Chemiluminesce
µg/m3 nce
Chemical method
6 Lead Annual * 0.5 0.5 ASS/ICP method
(Pb) 24 hours ** 1.0 1.0 after sampling on
µg/m3 EPM 2000 or
equivalent filter
paper
ED - XRF using
Teflon filter
7 Carbon 8 hours ** 2 2 Non Dispersive
Monoxid 1 hour** 4 4 Infra RED (NDIR)
e (CO) Spectroscopy
28
mg/m3
8 Ammoni Annual * 100 100 Chemiluniescen
a (NH3) 24 hours ** 400 400 ce
µg/m3 Indophenol blue
method
9 Benzene Annual * 5 5 Gas
(C6H6) chromatograph
µg/m3 y based
continuous
analyser
Adsorption and
desorption
followed by GC
analysis
10 Benzo Annual * 1 1 Solvent extraction
(a) followed by
Pyrene HPLC/GC
(BaP) - analysis
particula
te phase
only
ng/m3
11 Arsenic Annual * 6 6 AAS/ICP method
(As) after stampling
ng/m3 on EPM 2000 or
equivalent filter
paper
12 Nickel Annual * 20 20 AAS/ICP method
(Ni) after stampling
ng/m3 on EPM 2000 or
equivalent filter
paper
* Annual arithmetic mean of minimum 104 measurements in a year at a particular site taken twice a week 24 hourly at uniform intervals.
** 24 hourly or 8 hourly or 1 hourly monitored values, as applicable, shall be complied with 98% of the time in a year. 2% of the time, they may exceed the limits but not on two consecutive days of monitoring.
29Note: Whenever and wherever monitoring results on two consecutive days of monitoring exceed the limits specified above for the respective category, it shall be considered adequate reason to institute regular or continuous monitoring and further investigation.
Annexure R4(b):
It is described in Chapter 2 that the aggregation function, F of combining sub-indices of individual pollutants is delicate as most indicies suffer from ambiguity and eclipsing. For the proposed AQI, a maximum operator system has been adopted which is free from ambiguity and eclipsing, as shown below:
AQI = Max ( I1, I2, I3, ... In) Figure 3.1 shows the operational scheme of AQI system based of maximum operator (i.e. maximum sub- index being the overal index). To present status of the air quality and its effects on human health, the following description categories have been adopted for IND-AQI (Table 3.2):
Table 3.2: IND-AQI Category and Range AQI Category AQI Range Good 0 - 50 Satisfactory 51 - 100 Moderately - 101 - 200 polluted Poor 201 - 300 Very Poor 301 - 400 Severe 401 - 500 These categories / AQI ranges should map to key reference (breakpoints) of concentration of each pollutants though a segmented linear or a non-linear function.30
Annexure - R4 (c):
AMBIENT AIR QUALITY ANNUAL AVERAGE OF FIVE NAMP STATIONS IN ERNAKULAM DISTRICT 2017 - 2019 Year - 2017 Sl. Station Station RSPM So2 Nox µg/m3 No. Code µg/m3 µg/m3 Annual Annual Annual Average Average Average 1 M.G. Road 147 52 2.55 12.31 2 South 338 49 2.42 12.52 3 Vytila 562 50 2.71 19.55 4 Irumpanam 30 54 2.44 13.79 5 Kalamassery 346 49 2.43 9.21 Year - 2018 Sl. Station Station RSPM So2 Nox µg/m3 No. Code µg/m3 µg/m3 Annual Annual Annual Average Average Average 1 M.G. Road 147 53 3.12 13.34 2 South 338 49 2.42 12.53 3 Vytila 562 50 2.71 19.53 4 Irumpanam 30 51 2.44 13.79 5 Kalamassery 346 61 9.21 49 Year - 2019 Sl. Station Station RSPM So2 Nox µg/m3 No. Code µg/m3 µg/m3 Annual Annual Annual Average Average Average 1 M.G. Road 147 39 2 11.86 2 South 338 48 2 12.46 3 Vytila 562 42 2 13.16 4 Irumpanam 30 41 2.02 11.05 5 Kalamassery 346 48 2.02 9.97 31 RSPM µg/m3 60 Standard Annual Average, max Air RSPM µg/m3 50 Quality Annual Average, max Values RSPM µg/m3 40 Annual Average, max Station: CAAQMS _ MG ROAD Periodically: October 2017 -
December 2019 Type: AVG Monthly [1 Hr.] Date & H2S SO2 CO NH3 NO NO2 Nox PM 10 PM 2.5 Time µg/m3 µg/m3 mg/m µg/m µg/m3 µg/m3 µg/m3 µg/m3 µg/m3 3 3 October No No No No No No No No No 2017 Data Data Data Data Data Data Data Data Data Novemb 3.4 1.2 1.9 1.6 13.6 29.2 42.9 87.1 55.3 er 2017 Decemb 54.5 79.5 1.7 1.9 14.4 31.9 44.5 93.1 57.4 er 2017 Januar 0.4 2.4 1.2 2.2 9.2 30.2 39.4 114.3 73.9 y 2018 Februar 0 3.5 1.4 1.4 10.9 21.9 32.8 100 63.3 y 2018 March 95 140.7 1.3 0 29.2 7.4 36.6 80.1 45.6 2018 April 10 25.4 1.5 0 28.5 8 36.5 67.4 33.8 2018 May 0 11.7 1.4 0 23.4 7.7 31.1 66.6 23.9 2018 June 0 11.8 2 0 24.1 9.2 33.3 56.8 18.8 2018 July 0.5 14 2 4.8 36 10.9 46.9 75 54 32 2018 August 2.1 3.2 1 0 36.7 12.8 47.7 44.8 21 2018 Septem 0.6 2.3 1.7 0 37.5 16.1 53.6 56.3 25 ber 2018 October 0.4 5.7 2 0 43.7 5.3 47.6 55.3 32.1 2018 Novemb 3.6 5.9 2.3 0 67.4 0 64.3 70.3 46 er 2018 Decemb 5.1 5.6 1.9 0 95.8 0 92 98 66 er 2018 Januar 5.4 5 1.8 0 51.4 0 48.6 110.4 70.1 y 2019 Februar 5.2 3.4 1.8 0.8 95 3.5 90 84.4 46.4 y 2019 March 7.4 7.9 2 2.1 50.6 9.6 48 87 38.2 2019 April 14.2 21.2 2.3 1.9 53.6 9.5 50.9 58.1 29 2019 May 13.5 20.3 2.5 2.6 78.2 14 74 57.8 24.1 2019 June 10.8 15.2 0.8 2.4 104.1 19.2 98.4 40.2 14.4 2019 July 10 14.8 0.9 2.7 84.5 11.3 83.6 35 14.9 2019 August 6.2 10.7 1.1 12.5 69.1 6.7 76.7 30.2 12.6 2019 Septem 2.7 8.9 1.3 17 64.2 7 72.5 31.8 12.4 ber 2019 October 1.8 6.2 1.4 24.5 85.4 9.2 96.5 34.3 18.2 2019 Novemb 0.8 9.9 1.6 4.1 77.2 2 73.6 62.1 35.6 er 2019 33 Decemb 1.9 6.5 2 11.1 70.8 0.3 68.1 80.4 43.1 er 2019 Minimu 0 1.2 0.8 0 9.2 0 31.1 30.2 12.4 m Min Febra Novem June Marc Januar Novem May August Septe Date ury ber 2019 h y 2018 ber 2018 2019 mber 2018 2017 2018 2018 2019 Maximu 95 140.7 2.5 24.5 104.1 31.9 98.4 114.3 73.9 m Max March March May Octob June Decem June Januar Januar Date 2018 2018 2019 er 2019 ber 2019 y 2018 y 2018 2019 2017 Avg 9.8 17 1.6 3.6 52.1 10.9 58.8 68.3 37.5 Num 26 26 26 26 26 26 26 26 26 Data 96.3 96.3 96.3 96.3 96.3 96.3 96.3 96.3 96.3 [%] STD 20 28.8 0.4 5.9 28.3 9 20.9 23.8 18.6 Station: CAAQMS _ VYTTILA Periodically: May 2017 - December 2019 Type: AVG Monthly [1 Hr.] Date & PM10 PM2.5 SO2 NH3 NO NO2 Nox CO O3 Time µg/m3 µg/m3 µg/m µg/ µg/m3 µg/m3 µg/m3 mg/m3 µg/ 3 m3 m3 May 80 32 26.56 27.3 62.77 4.83 67.6 1.82 2 2017 9 June 50 18 51.29 20.3 49.62 9.88 59.32 1.34 6 2017 July 53 20 8.16 0.31 27.39 8.87 35.62 0.77 13 2017 August 48 16 56.78 0.63 32.64 7.29 39.34 1.02 10 2017 Septem 51 19 19.08 0.27 40.36 13.89 54.23 1.68 4 34 ber 2017 October 74 29 29.19 0.28 58.32 12.15 70.43 1.07 5 2017 Novem 108 51 4.12 0.34 61.5 15.03 76.52 1.22 5 ber 2017 Decem 126 61 4.77 0.39 69.82 19.44 89.25 1.21 4 ber 2017 Januar 147 80 214.7 0.41 59.04 31.6 90.64 0.77 6 y 2018 1 Februa No No No No No No No No No ry Data Data Data Dat Data Data Data Data Dat 2018 a a March 115 59 15.79 0 16.7 0.24 16.94 0.95 2 2018 April 107 38 16.98 0 27.27 0.23 27.49 4.24 1 2018 May 85 32 16.08 0 36.04 0.29 36.33 6.27 1 2018 June 96 93 18.67 3.93 76.53 10.43 86.96 4.77 1 2018 July 63 17 10.79 3.03 43.62 6.84 50.47 2.36 0 2018 August 64 15 0.95 0 19.33 0.07 20.08 0.73 1 2018 Septem No No No No No No No No No ber Data Data Data Dat Data Data Data Data Dat 2018 a a October 95 60 4.36 6.27 32.2 30.84 62.73 0.1 1 2018 Novem 117 84 8.57 4.11 38.43 40.36 78.69 69.41 1 ber 2018 35 Decem 158 99 10.81 2.55 35.77 25.37 60.76 0 1 ber 2018 Januar 137 95 12.78 6.5 29.1 39.71 68.76 0 1 y 2019 Februa 125 77 13.01 6.02 37.5 26.65 64.09 0 1 ry 2019 March 114 66 17.37 7.7 65.51 8.94 74.45 0 1 2019 April 96 56 19.02 8.19 77.67 7.38 85.04 0 1 2019 May 104 63 16.46 6.22 80.68 5.88 86.56 0.01 4 2019 June 69 35 13.66 15.2 82.13 4.96 87.08 0.73 2 2019 1 July 66 15 2.96 21.6 88.37 3.94 92.31 0.94 2 2019 8 August 60 22 2.92 26.6 115.04 3.84 118.87 0.97 2 2019 8 Septem 66 24 3.52 19.5 108.15 4.2 112.34 1.12 2 ber 5 2019 October 66 24 1.06 16.1 137.83 6.32 144.14 1.18 2 2019 4 Novem 108 47 1.13 13.2 146.87 9.33 156.19 1.43 4 ber 2 2019 Decem 115 65 1.35 13.7 136.16 19.1 155.24 1.52 8 ber 3 2019 Minimu 48 15 0.95 0 16.7 0.07 16.94 0 0 m Min August August Augu Mar March August March Decem July Date 2017 2018 st ch 2018 2018 2018 ber 201 36 2018 201 2018 8 8 Maxim 158 99 214.7 27.3 146.87 40.36 156.19 69.41 13 um 1 9 Max Decem Decem Janu May Novem Novem Novem Novem July Date ber ber ary 201 ber ber ber ber 201 2018 2018 2018 7 2019 2018 2019 2018 7 Avg 92 47 20.76 7.7 63.08 12.6 75.62 3.59 3 Num 30 30 30 30 30 30 30 30 30 Data 93.8 93.8 93.8 93.8 93.8 93.8 93.8 93.8 93.8 [%] STD 30.2 26.4 38.3 8.4 35.6 11.3 35.2 12.3 3 Annexure R4 (d):
AQI values for the year 2017, 2018, 2019 at Vytila and M.G. Road Stations Station: Vytila AQI Values Year Month 2017 2018 2019 January 167 217 February 157 March 110 120 April 128 105 May 91 153 110 June 74 210 107 July 53 105 112 August 71 64 139 September 84 132 October 88 100 134 November 105 180 176 December 117 230 175 Station: M.G. Road AQI Values Year Month 2017 2018 2019 37 January 146 134 February 111 110 March 120 100 April 75 104 May 70 106 June 100 118 July 100 104 August 60 96 September 85 91 October 100 117 November 95 104 92 December 99 120 100 Showing the air quality in Cochin city."
9. In Original Application No.259 of 2017, the State Pollution Control Board had filed an interim report stating that the committee has been constituted and wanted some more time for filing the report for conducting studies relating to the sources of air pollution and also regarding the contribution of each source for the pollution and they wanted further time.
10. In Original Application No. 260 of 2017 is concerned, no report has been filed.
11. When these matters were taken up today for consideration through Video Conference, Sri. E.K. Kumaresan represented the State authorities. Smt. Rema Smrithi represented the Kerala State Pollution Control Board and Sri. K.R. Harin represented Cochin Municipality, Ms. Surabhi Khattar who is appearing for 38 M/s. Volkswagen Group in Original Application No. 259 of 2017, Sri. D.S. Ekambaram represented through M/s. Jayalakshmi for Central Pollution Control Board in Original Application No. 259 of 2017. There was no representation for the applicants in Original Application No. 259 of 2017 and Original Application No. 260 of 2017.
12. We feel it appropriate to direct the Central Pollution Control Board to evolve a procedure for measuring the carbon particles namely, Carbon Monoxide (Co) and Carbon Di-oxide (Co2) and black carbon in the air which also will plays a greater role in affecting the air quality.
13. Considering the fact that the consolidated report has been called for in Original Application No. 259 of 2017 and Original Application No. 260 of 2017, this Tribunal feels that without getting that report, it is not possible for us to dispose of the case effectively.
14. So, the committee constituted is directed to complete the study and submit the consolidated report considering all the allegations and directions given in all these cases and submit an action plan for remedying the situation including phasing out of the old diesel vehicles in the State and also the remedial 39 measures for converting the same with green and clean fuel technology.
15. In Original application No. 260 of 2017, this Tribunal had directed the Government of Kerala to submit the status report of the number of old vehicles that are plying in the State and the action taken by the Motor Vehicles Department to phase out those old vehicles as per the provisions of the Motor Vehicles Act, 1988 and to convert the same to green and clean fuel technology, so as to improve the air quality in the state. Till date, no report has been filed by the State of Kerala.
16. So, considering the facts we are granting three months time to the committee as well as the State of Kerala to come with a proper action plan for resolving the issue permanently and improve the status of pollution and make State of Kerala air pollution free.
17. The committee as well as the State Government are directed to file the report as well as the status report to this Tribunal on or before 07.10.2020 through e-mail or e-filing @ [email protected].
18. The Registry is directed to communicate this order to the committee members and the State Government Departments 40 immediately through e-mail so as to enable them to comply with the direction of this Tribunal.
19. For consideration of report post 07.10.2020.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Sri. Saibal Dasgupta) O.A. No.76/2017, 12th June, 2020.
Sr. 41