Gujarat High Court
Indian Auto Lpg Coalition (Iac) vs Dhangadhra Prakruti Mandal & ... on 24 September, 2015
Author: Jayant Patel
Bench: Jayant Patel, J.B.Pardiwala
C/MCA/417/2014 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR REVIEW) NO. 417 of 2014
In
WRIT PETITION (PIL) NO. 47 of 2011
With
MISC. CIVIL APPLICATION NO. 418 of 2014
In
WRIT PETITION (PIL) NO. 54 of 2011
With
MISC. CIVIL APPLICATION NO. 419 of 2014
In
WRIT PETITION (PIL) NO. 47 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE ACTING CHIEF JUSTICE MR. JAYANT PATEL
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
==========================================================
1 Whether Reporters of Local Papers may be allowed to see the judgment ? YES 2 To be referred to the Reporter or not ?
NO
3 Whether their Lordships wish to see the fair copy of the
judgment ? NO
4 Whether this case involves a substantial question of law
as to the interpretation of the Constitution of India or NO any order made thereunder ?
========================================================== INDIAN AUTO LPG COALITION (IAC)....Applicant(s) Versus DHANGADHRA PRAKRUTI MANDAL & 11....Opponent(s) ========================================================== Appearance:
Page 1 of 17
HC-NIC Page 1 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT MR MAYUR RAJGURU, ADVOCATE for the Applicant(s) No. 1 GOVERNMENT PLEADER for the Opponent(s) No. 3 - 4 M/S TRIVEDI & GUPTA, ADVOCATE for the Opponent(s) No. 6 , 9 NOTICE NOT RECD BACK for the Opponent(s) No. 10 NOTICE SERVED for the Opponent(s) No. 1 , 3 - 4 , 6 - 8 NOTICE UNSERVED for the Opponent(s) No. 9 , 11 - 12 MR AMIT M PANCHAL, ADVOCATE for the Opponent(s) No. 1 MR ASPI M KAPADIA, ADVOCATE for the Opponent(s) No. 8 , 10 MR BIREN A VAISHNAV, ADVOCATE for the Opponent(s) No. 5 MR DEVANG VYAS, ADVOCATE for the Opponent(s) No. 2 MR NEERAJ SONI, ADVOCATE for the Opponent(s) No. 11 MR. PARTH H BHATT, ADVOCATE for the Opponent(s) No. 2 MS ANUJA S NANAVATI, ADVOCATE for the Opponent(s) No. 7 MS MINOO A SHAH, ADVOCATE for the Opponent(s) No. 12 ========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
JAYANT PATEL and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 24 /09/2015 CAV COMMON JUDGMENT (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1 We are looking into the Review Applications filed by the Indian Oil Corporation (I.O.C.) and India Auto LPG Coalition (I.A.C.) in connection with the judgment and order passed by a Division Bench of this Court in the Writ Petition (PIL) No.47 of 2011 and Writ Petition (PIL) No.54 of 2011 respectively.
2 The two Public Interest Litigations were heard analogously as the subject matter of those petitions were, to some extent, similar and were disposed of by a common judgment and order dated 25.07.2012.Page 2 of 17
HC-NIC Page 2 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT 3 The Writ Petition (PIL) No.47 of 2011 was filed with the interest of improving and preserving the environment and the ecology and for the benefit of the residents of the State of Gujarat. The petitioners had resolved to file the petitions with the object of getting more allocation of natural gas to the State of Gujarat at the Administered Price Mechanism (APM) rate of City Gas Distribution (CGD), and at the rate on which the Natural Gas was being supplied to the cities of Delhi and Mumbai. The petitioners challenged the arbitrary, highhanded, unreasonable and irrational action of the respondents in not taking the urgent and advanced action to tackle the acute problem of rampant growth of vehicular pollution and toxicity in the air due to increase in the number of vehicles in the State of Gujarat despite there being various directions passed by the Supreme Court of India.
4 A Division Bench of this Court disposed of both the writ petitions, referred to above, by passing the following directions:
"1. The Government of India is directed to allot natural gas for domestic and vehicular usage at the same rate to the city of Ahmedabad at which the same is supplied to Delhi and Mumbai to enforce the right of equality.
2. The respondent no.1 for the same reason is directed not only to discriminate between CGDs promoted by the Central PSUs and other CGDs but also among Gujarat based CGDS in the matter of allocation of natural gas.
3. State of Gujarat is directed to pass necessary order compelling the owners of all the vehicles having registration in the State of Gujarat to use natural gas and, if necessary, even at the higher prices within a shortest Page 3 of 17 HC-NIC Page 3 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT possible period, at any rate, not exceeding one year from today for protection of the lives of the citizens living in this State.
4. For the purpose of prevention of wastage of the natural gas, it is for the State Government to decide whether it would impose additional tax upon the sale of natural gas for the use of private owners of motor vehicle and utilize that additional amount available on such taxation, by selling the natural gas to those who are the owners of public vehicle at a cheaper rate. At the same time, taking into consideration the fact that by taking advantage of cheaper price of the natural gas, those owners of the public vehicles do not misuse the same and the endbenefit goes to the ordinary public who avails of public transport facility, it is for the State Government to decide whether it would fix a farestructure at a reasonable rate in consultation with the experts as it thinks fit.
5. So long such restriction to make it compulsory for all the vehicles plying in the State by natural gas instead of other types of fuel is not enforced, necessary order imposing stringent restriction be passed for reducing the pollution by fixing the level of emission to the minimum in accordance with one approved by experts at the international level. Let such decision be taken within two months from today."
5 According to the petitioners, more particularly, the I.O.C., the direction No.3, referred to above, is not workable or viable and the said direction needs a relook.
6 Although the State Government has been directed to compel the owners of all the vehicles having registered in the State of Gujarat, to use Natural Gas, yet, the State of Gujarat has not thought fit to file any Review Application on the ground that it is not possible to implement such a direction. However, in the course of the hearing of the Review Applications, the State of Gujarat also submitted that it would be very difficult to implement such directions, more particularly, so far as Diesel Cars are concerned, because in a Petrol Engine, it is possible to fit a CNG Kit, but it is not possible to fit a CNG Kit in a Diesel Engine. Page 4 of 17 HC-NIC Page 4 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT 7 In the aforesaid background, we started hearing the Review Applications.
8 On 17th July 2015, we passed the following order:
"1. It appears that there is no response on behalf of the Union of India. Mr.Aspi Kapadia, learned counsel states that he has instructions to appear for State Government and its officers and he will decide as to whether he would continue for respondent no.8 or not which is a separate entity than the State Government, though Government company.
2. As such, it was last time conveyed when the matter was listed that the State Government may come out with some concrete proposal for discontinuation of the use of diesel vehicle in phasewise manner in order to see that the pollution is reduced to the substantial extent. The data is not produced about the level of pollution on account of the use of diesel in two wheelers and four wheelers and if yes, the age of the vehicle, etc.
3. Therefore, respondent no. 3, State of Gujarat through Chief Secretary and respondent no.5, Secretary of the Gujarat Pollution Control Board shall submit the following details
1) The number of diesel vehicles registered with RTO authority in the State, categorywise, i.e., two wheeler and four wheeler.
2) The age of the respective diesel vehicle shall also be mentioned.
3) The level of pollution being generated on account of use of diesel, two wheelers and four wheelers separately with modelwise or age wise, as the case may be.
4) Respondents 3 and 5 shall suggest any measure for discontinuation of the use of diesel vehicle in a phasewise manner as per the age, preferably more than 10 years old.
4. The report shall be submitted on or before 20.08.2015. S.O. to 21.08.2015."
9 Pursuant to the above referred order, the State Government undertook the exercise of checking the vehicles all throughout the State with a view to confirm whether those vehicles were confirming to the norms fixed as regards emission.
Page 5 of 17 HC-NIC Page 5 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT 10 We are really taken by surprise that each of the vehicles checked was given a clean chit i.e. that all those vehicles were in a good condition and were confirming to the norms. There is not a single vehicle amongst those which were checked, according to the authorities, not meeting with the norms. We are really surprised to notice that those vehicles included Trucks, Buses, etc, which are known, for causing the maximum pollution in the air on account of noxious. It appears from the report placed on record that hundreds of cars were checked. But, there was none which failed the test. This is something unpalatable and we are not convinced with such report.
11 On behalf of the respondent No.5, the Gujarat Pollution Control Board (G.P.C.B.), an affidavit has been filed duly affirmed by one Shri K.C. Mistry, Senior Environmental Scientist, inter alia, making the following averments:
"4. I say that on the details and the date being made available the Gujarat Pollution Control Board, with the assistant of the Transport Authority Officials who are vested with coercive powers as far as plying of vehicles on the road and other authorities would like to undertake sampling of vehicular emission for assessment through the infrastructure established by the machinery of the Transport Department used for measuring emissions for the purposes of issuing PUC Certificates. I say that the filed survey/sampling of vehicular emissions is intended to be undertaking in the cities of Ahmedabad; Surat; Vadodara and Rajkot with the assistance of the local RTO to collect samples of vehicular exhaust emissions from 4 places in each city from about 1000 vehicles from for smoke density (Hart ridge Units). In other words the Board with its officers and the assistance of the infrastructure of the RTO/Police would like to undertake this sampling in four cities at four different locations in each city and compile data of smoke density and other parameters.Page 6 of 17
HC-NIC Page 6 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT
5. I say that since there are many factors affecting vehicular emission, such as age, make, condition of vehicle, condition of roads etc the emission standards may vary, the exercise needs to be undertaken in a scientific manner and is therefore time consuming as assessment of emissions by the officers of the Board would be done in a scientific manner with the assistance of PUC Outlets established by and through the State machinery. I say that the Board will need to take assistance of the RTO AND Police Authorities. The exercise of collecting data would require at least two months and will be done by the Board by the end of October 2015.
6. I say that based on this data collected, in the respectful submission of the Board, the Gujarat Pollution Control Board proposes to take assistance of personnel/experts in the field of automobiles from an Engineering College, a senior Principal Research Scientist in Environment and Energy Efficiency and place the data before such a Committee of Experts to invite suggestions and plans and a comprehensive program for prevention control and reduction of air pollution.
7. I say that the Board is committed to undertake measures to reduce and/or prevent air pollution within the State and with the assistance from the State Government would want to undertake an exercise as desired in the aforesaid paras and place such sample results before officers/experts and then based on such suggestions and dialogue between the State machinery and such experts/Committee undertake further steps as may be suggested by this Honourable Court. I however most humble suggest and request that in order to undertake and prepare the data on the basis of sampling of vehicular emissions with the assistance of theRTO Automobiles, the Board will need some time atleast up to December 2015 end to prepare a report and furnish to this Honourable Court so as to take further steps as to enable a complete scientific analysis and data which can then be appropriately be used by State and Board in tandem with a team of experts to suggest reduction of levels of air pollution. I say that the entire exercise would be require a certain reasonable time frame of atleast four months and a report can be placed with the opinion of experts in the field so as to take further suggestive measures so as to further the better cause for better standards of emission in accordance with the prescribed norms of Central Government. I say that the broad roadmap that the Board intends to take is annexed hereto and marked as Annexure R/I to this reply."
12 Along with the affidavitinreply, referred to above, the proposed methodology for the field survey and vehicular emission sample collection from the Diesel vehicles have also been placed on record. Page 7 of 17 HC-NIC Page 7 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT Various measures have been suggested, but, unfortunately, those have just remained on the paper and have not been given effect to seriously. 13 We have noticed that the National Green Tribunal, New Delhi, has taken up this issue of pollution being caused by vehicular emission, more particularly, diesel vehicles very seriously. Of Course, it is true that the same is concerning the city of Delhi, but, we have noticed that in some of the orders, which have been passed, directions have been issued to various States across the country. We have noticed that in one of the orders dated 26.11.2014 passed in the Original Application No.21 of 2014, the following directions were issued:
"1. All vehicles, diesel or petrol, which are more than 15 years old shall not be permitted to ply on the roads and wherever such vehicles of this age are noticed, the concerned authorities shall take appropriate steps in accordance with law including seizure of the vehicles in accordance with the provisions of the Motor Vehicle Act, 1988.
2. The vehicles which are more than 15 years old, will not be permitted to be parked in any public area and they shall be towed away and challaned by the police in accordance with law. This direction would be applicable to all vehicles without exception i.e. two wheelers, three wheelers, four wheelers, light vehicles and heavy vehicles irrespective of whether commercial or otherwise.
3. It has been brought to our notice that a bypass has been provided to the traffic coming from Chandigarh side to Uttar Pradesh, but there is no bypass to Delhi as far as Rajasthan and all the States falling in this route to Bombay are concerned. Let all the Respondents including MoEF, Ministry of Transport, DPCC and the Central Pollution Control Board indentify the route which should be provided to bypass Delhi main city for going to this road as felt.
4. No person shall be permitted to burn plastic or any other material in the open. If any person is found to be burning plastic or any other material including tree leaves in the open, he would be liable to be proceeded Page 8 of 17 HC-NIC Page 8 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT against in accordance with law and the Police, DPCC and NCT, Delhi shall take immediate steps to ensure that such activity is stopped forthwith.
Any person would have the right to approach this Tribunal, the Police station, the DPCC and/or any other competent authority to make a grievance in regard to such unauthorised and illegal burning resulting in air pollution.
5. We direct NCT, Delhi and DPCC to create a web portal where any person aggrieved can take the photographs and upload the same with details of location etc. bringing it to the notice of these authorities.
6. All these authorities are hereby directed to create a special force to enforce this direction and ensure its compliance.
7. The Commissioner of Police of Delhi, NCT of Delhi, Municipal Authorities and DPCC shall ensure that tarred roads for regular traffic are not permitted to be used for parking thus causing avoidable congestion of traffic.
Once there is a congestion of traffic and vehicles are forced to keep their engines on for considerable long period, it results in extra emissions causing serious air pollution.
8. In all the markets in Delhi, it shall be ensured that there is only one side parking of vehicles and there is sufficient space left for atleast both way carriage and it will be ensured that there is a free flow of traffic and is not unnecessarily obstructed by excessive and unregulated parking on the road. To make it clear, there shall be no parking on the tarred roads of Delhi. All agencies shall ensure compliance.
9. Immediate steps will be taken by all the Respondents and concerned authorities to provide cycle tracks in Delhi and efforts should be made to encourage cycling in Delhi.
10. All the DTC buses, even if operating on CNG, would be checked by the team to be constituted by the CPCB and DPCC. Whichever bus is found to be emitting in excess of prescribed standards, the same shall not be permitted to ply and the Managing Director, DTC shall be personally responsible for ensuring compliance to the prescribed emission standards by all the DTC vehicles.
11. The concerned authorities particularly the NCT, Delhi and RTO, Delhi shall ensure that the trucks which are otherwise permitted to cross Delhi in accordance with law are not overloaded. When they enter Delhi, there shall be a due check that the vehicles and the trucks in question are not carrying in excess of the prescribed weight and is not exceeding the age Page 9 of 17 HC-NIC Page 9 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT aforedirected. Inspection register for all the vehicles shall be maintained by the Police and the RTO jointly at all the entry and exit point of NCT, Delhi.
12. RTO shall not issue/ renew registration of the vehicles or fitness certificate to any vehicle which is more than 15 years old.
13. We direct the Ministries, NCT of Delhi and DPCC to examine the possibility of installation of air purifiers in all the markets and crowded places or where the traffic load is heavier. Air purifier be installed and Report to the Tribunal be placed on the next date of hearing.
14. Automatic or censor based weigh bridges shall be installed immediately on all the entries and exit point of Delhi. The authorities shall ensure that the vehicles of any kind are not forced to be parked at this point for an unduly long period.
We further direct that the vehicles standing at the border or near the entry point will not keep the ignition on except when they are permitted to enter and ply. All the concerned authorities and these team be posted at the respective places."
14 In the order dated 28.11.2014, the following directions were issued:
"h) The CPCB, DPCC, Secretary Environment, NCT Delhi, including Secretary of Transport, Uttar Pradesh and Haryana shall ensure that agencies which have been engaged for the purposes of checking emissions from vehicles, act strictly in accordance with law and do not issue any certificate casually;
i) The Authorities shall inform the Tribunal in the meeting as to what steps can be taken and/or what penalties can be imposed against the agency issuing PUC (Pollution Under Control) Certificate, if they are found to be erring or issuing certificates to nonconforming vehicles. In the meanwhile, all concerned agencies shall inspect the agencies authorised to issue PUC and provide status report to the Tribunal and any PUC agency operating illegally and unauthorisedly shall be closed forthwith"
15 Thereafter, considering the two orders, referred to above, the following directions were issued by the Tribunal dated 4th December, Page 10 of 17 HC-NIC Page 10 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT 2014, relevant for our purpose:
"Vehicular Pollution
1. In addition to the directions already issued we further direct concerned Authorities and Administration to consider the proposal for charging of higher parking fee, higher registration fee and imposition of congestion charges. They shall put their respective suggestions on record before the next date of hearing.
2. We direct all the State Governments, particularly NCT Delhi, to take effective steps to enhance public transportation facilities and provide due infrastructure in that behalf. It will be ensured that public transport becomes more user friendly rather than causing waste of energy by plying empty buses on the roads.
It is a matter of common knowledge that air conditioned buses are being run by DTC for long part of the day ply but without passengers. Thus, DTC should run buses of different capacity and size at different timings and on different routes. All such buses would be driven on CNG fuel only.
3. The DTC shall ensure that the buses running by it do not cause congestion. This transport should be of greater utility to the public and distinct incentives should be provided to the general public to encourage use of public transport.
4. The DTC shall ensure that every bus belonging to DTC or operating under its directions is subjected to mechanical check up through computerised system once every month and will be subjected to check for PUC atleast twice a month.
5. The DTC shall formulate a proper group of staff to carry out above directions/functions and submit a compliance report to the Depot Manager who in turn will inform the highest Authority of the DTC. The above regular computerised check will not absolve the DTC from being subjected to random checks by the concerned Authorities for the purposes of issuance of PUC. It shall be ensured that these buses do not exceed the prescribed emissions standard.
6. The Government and all concerned Authorities shall ensure free flow of traffic in Delhi. Parking spaces shall be earmarked. Parking of vehicles in excess and beyond the specified parking area shall be strictly prohibited. In any case, there shall be no parking permitted on metalled roads in Delhi and appropriate Authority shall take due steps for taking penal action against the defaulting persons or firms or contractors who violate this direction.Page 11 of 17
HC-NIC Page 11 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT General directions
1. Obstructions in free flow of traffic result in traffic jams that lead to higher emission of pollutants in the atmosphere. Thus, we direct the Authorities to ensure that there is no unauthorised parking and whenever a vehicle breaks down on the roads, the same should be removed immediately and without any undue delay. Authorities particularly the Police, thus should make the towing cranes easily accessible.
2. The persons who violate these directions besides being liable for different actions that may be taken against them by the Corporation or appropriate Authority under the law in force, would also be liable to pay compensation and the amounts may be determined by the Tribunal on the principle of 'Polluter Pays' for causing and/or abating pollution in NCR Delhi.
3. The ambient air quality of Delhi needs to be improved even if harsh directions within the framework of law are required to be issued. Keeping in view the gravity of harm to human health due to inferior ambient air quality of Delhi. Improvement even by a decimal of the air quality would go long way in air improving public health and environment in Delhi. Thus, we direct the Governments and all public and other Authorities to immediately install air filters in the colleges, schools, gardens and other public places which are visited by a greater number of people in the day.
4. The check post, as directed ealier at the entry points to Delhi, would be manned and monitored commonly by Police, transport department and Weight and Measures Department of NCT of Delhi, and also Officers of the similar Department from the concerned States shall accompany.
5. Online weighing machines shall be installed at a short distance away from the entry post of Delhi. Record of online data of weighing machines in respect of goods carrying vehicles would be maintained regularly and checked by the senior Officer of Police and Transport Department who shall sign and verify such data every day.
6. The check post would only let such vehicles pass onwards which are found to be neither overloaded nor polluting.
7. These Check Post Staff shall make all efforts to ensure that there is no congestion at the entry points of Delhi and no vehicle standing at the Border should be allowed to keep its ignition on.
8. The concerned Authorities and Government should take steps to ensure expeditious completion of the project of KundliManesarPalwal Express Way, which we are informed is likely to be completed by 2016. The completion of the projects would ensure that the vehicular traffic for destinations other than Delhi do not enter NCR Delhi, thus, reducing traffic pressure and consequently air pollution, resulting from vehicular Page 12 of 17 HC-NIC Page 12 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT traffic in Delhi.
9. We also direct NCT Delhi and DDA particularly to take the project for completion of a flyway and/or to connect all existing flyovers without obstruction and traffic lights on top priority.
10. The authorities concerned of all the States and NCR of Delhi shall also ensure that Eastern Peripheral Express Way should be completed in a time bound manner and the project be taken up with top priority by the concerned States.
11. We direct that the DPCC and the Transport Department shall immediately ensure installation of appropriate 'catalytic convertors', particularly for diesel vehicles, if not already fitted which would ensure reduction of pollutants entering the atmosphere in Delhi.
12. The Government of NCT will take steps to introduce and enforce BSV vehicles in NCR Delhi. All other neighbouring States would ensure that they also take effective steps to have BS - IV compliant vehicles only. The progress report should be submitted before the next date of hearing to the Tribunal.
17. It has not been disputed that checking of vehicles and grant of PUC in the entire NCR of Delhi lacks proper functioning and supervision. Thus, we direct all the States to constitute a special team consisting of members from its Transport Department, Environment Department, Pollution Boards and from any other Department as they may consider appropriate to keep serious vigil on the functioning of the service stations or centers empowered to issue PUC. It will ensure that their machines and equipments are duly calibrated on regular intervals and PUC are issued only after checking vehicles in accordance with the norms specified.
22. Proper steps will be taken to spread education through different sources and even by requiring concerned Schools in the NCR, Delhi to educate students about the need for improvement of air quality and the steps that should be taken. Cooperation of the young generation should be encouraged besides providing a good incentives to the people reporting the same and steps be taken for creating environmental wings in the Capital city of India.
23. Suggestions have been made with regard to putting of cap on total number the vehicles, including cars and all other vehicles. We direct all the concerned Authorities in the respective States to collectively put their views before next date of hearing in this regard.
27. 5) All the trucks or vehicles of any kind which are used for construction purposes and/or are carrying construction materials like Page 13 of 17 HC-NIC Page 13 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT cement, sand and other allied material shall be fully covered. The vehicles would be properly cleaned, shall be dust free and/or other precautions would be taken to ensure that enroute their destinations, the dust, sand or other particles are not permitted to be released in the air and/or contaminate air. Any truck which is not complying with these directions would not be permitted to enter NCR Delhi.
27. 8) All the authorities i.e. Chief Secretaries, of the respective States and NCR Delhi, Commissioner / DGP, heads of all the public authorities, bodies, organization, including the Director General of PWD, CPWD, Horticulture Department, Vice Chairman of DDA, Commissioner of the respective Corporation, Chairperson of State Pollution Control Board and all Authorities, shall issue directions forthwith for strict compliance of these directions and in default would take disciplinary action under the respective service rules for any of the breach committed by officials to the direction aforestated."
16 On 16.03.2015, the following directions were issued:
"The CPCB has also brought to our notice that it had inspected 15 old and 12new buses of DTC that are plying on the roads of Delhi. Out of these, 12 new buses were found to be compliant with the prescribed emissions normswhile out of 15 old vehicles 9 were found compliant and 6 were found to be nonconfirming to the prescribed standards. All the 6 buses mentioned in the report of CPCB shall forthwith be taken off the roads of Delhi. If these buses are found to be plying on the roads of Delhi the CEO of DTC shall be personally responsible for consequences for violating the Orders of the Tribunal. These buses however, would be subjected to the instructions by an Expert Team that would be appointed by the Tribunal and their operation would be permitted only after the Orders of the Tribunal.
From the above scientific data it is clear that the presence of particulate matters and carbon in air needs to be checked. We have directed NCT Delhi to submit its view on various aspects to the Tribunal which has not been done so far. We direct the compliance to be made within one week from today without default. The Affidavitcumstatus Report shall be filed by the Secretary NCT Delhi after holding a meeting chaired by the Chief Secretary of Delhi where all Departments, authorities, police should be directed to be present. This would deal with the compliance/non compliance of each direction. We also direct the NCT Delhi to submit its view as to why Diesel (commercial or otherwise) vehicles plying in Delhi which are more than 10 years old should not be taken off the roads and be not permitted from plying in the city. These views with scientific data should be submitted to the Tribunal, along with the exact number of Diesel Page 14 of 17 HC-NIC Page 14 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT vehicles which are more than 10 years old and their impact on ambient air quality."
17 On 07.04.2015, the following directions were issued:
"We have already noticed that certain stringent measures need to be taken to improve the ambient air quality in NCR, Delhi and to ensure that the residents of this area do not travel closer to illhealth by each breath that they take. Thus we hereby direct that all diesel vehicles (heavy or light) which are more than 10 years old, will not be permitted on the roads of NCR, Delhi. All the registering authorities in the state of Haryana, U.P. and NCT, Delhi would not register any diesel vehicle which is more than 10 years old and shall file the list of vehicles before the Tribunal and provide the same to the Police and other concerned authorities. Petrol vehicles which are more than 15 years old and diesel vehicles that are more than 10 years old shall not be registered in the NCR, Delhi."
18 Thus, the various orders, referred to above, passed by the National Green Tribunal are in the direction of restricting the registration of the vehicles, both petrol and diesel, according to the age of the vehicles. So far as the diesel vehicles are concerned, which are more than ten years old (heavy or light), have been banned on the roads of the NCR. Whereas the petrol vehicles, which are more than fifteen years old, are not to be registered in the NCR, Delhi.
19 We are also thinking in some what the same direction that how best the problem of pollution can be tackled or controlled by restricting the plying of the vehicles (petrol and diesel) on the roads according to age of the vehicles.
20 Before passing any further order, in this regard, we are of the view Page 15 of 17 HC-NIC Page 15 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT that the Gujarat Pollution Control Board should undertake the exercise of the field survey and emission sampling from on roads the diesel and petrol vehicles of different ages and models for the purpose of assessment of actual pollution being generated by such vehicles according to its age or model. The proposed methodology suggested by the G.P.C.B., in its affidavit dated 19.08.2015, should be implemented and given effect to at the earliest. We direct the G.P.C.B. to do so accordingly, and place an appropriate report, in that regard, before this Court so that the matter can be considered further. The officers of the G.P.C.B. shall be provided the necessary help by the concerned Police Officers and officials of the R.T.O., if any, sample of emission of the vehicle is to be tested. The report shall also be produced by the G.P.C.B. for the level of emission with the test report of at least 25 diesel vehicles each of 15 years, 20 years, 25 years and 30 years old being operated within the limits of the Ahmedabad Municipal Corporation. Further, while undertaking the aforesaid exercise at least five diesel vehicles of each of the category i.e. two wheelers Scooters, two wheelers Motorcycles, four wheelers Cars, four wheelers Van, four wheelers Trucks and Buses shall also be included.
21 Let this matter be notified for further hearing after four weeks. Page 16 of 17 HC-NIC Page 16 of 17 Created On Fri Sep 25 02:42:04 IST 2015 C/MCA/417/2014 CAV JUDGMENT (JAYANT PATEL, ACJ.) (J.B.PARDIWALA, J.) chandresh Page 17 of 17 HC-NIC Page 17 of 17 Created On Fri Sep 25 02:42:04 IST 2015