National Green Tribunal
Suo Motu vs The Chief Secretary, Government Of ... on 1 February, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.04:
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
260 of 2017 (SZ)
IN THE MATTER OF:
Original Application No. 76 of 2017
. SS
News item publis
Paper" -- Mal
the Caption
eta
Forum (LEAF),
Ernakulam, Kochi - 682 018. ...Applicant(s)
Versus
State of Kerala and others. ...Respondent(s)
With
Original Application No. 260 of 2017 (SZ)
Lawyers Environmental Awareness
Forum (LEAF),
Ernakulam, Kochi -- 31. ... Applicant (s)
Page 1 of 12
Versus
State of Kerala and others. .... Respondent(s)
Date of Hearing: 01.02.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
Original Application No. 76 of 2017 (SZ):
For Applicant(s): By Cai
For Respondent(s): Mr.E.K resan for R1,2,3 & R6
a Smrithi for R4.
M/s. _ Sandeep Gopalakrishnan for RS.
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.
Page 2 of 12
ORDER
1. As per common Judgment dated 14.07.2021, this Tribunal had disposed of the matter with following directions:-
G) The Environment Department, Government of Kerala is directed to conduct the study. The committee appointed by this Tribunal is directed to provide necessary guidance for the study as envisaged «the reports primarily in Thiruvananth and Kochi and submit a periodical re '6nce in is Tribunal at an interval eS e stud is. Tab ecessary directign to expedite OLS and ce Berd cases in respect of 102 critically: air polluted cities in India and incorporate necessary recommendations to implement the same as well.
(ii) The respective State departments namely, Public Works Department (PWD) and_ Transport Department are also directed to carry out their plan of action for phasing out the old diesel vehicles replaced with new model/new generation vehicles like, gas, electricity and Page 3 of 12 green and clean fuel vehicles and submit the progress of the implementation of all those schemes on quarterly basis for assessment of progress to be considered by this Tribunal.
(iii) After completion of study in respect of the two major cities namely, Thiruvananthapuram and Kochi, model guidelines may be framed to resolve the issue and then the same guidelines can be adop be implemented in other cities as Wwe 5 to solve the problem permanently. mmittee members may be actively inva &:
x ) for co-
Sersnents to a c« and the é periodical ¥eports once in 3 (Three) months to this Tribunal for evaluating the progress of the work done by them.
(v) The Chief Secretary, State of Kerala is also directed to supervise the implementation of the schemes envisaged by each department to resolve this issue and provide necessary logistics including funding and technical for the concerned departments to quicken the process of implementing the schemes, (if any) required Page 4 of 12 from the Government side and that should not be a hindrance for the concerned department to implement the scheme.
(vi) The Registry is directed to communicate this order to the Chief Secretary, State of Kerala, Principal Secretary for Environment, State of Kerala, Public Works Department (PWD), Revenue Department, Transport Department, members of the,committee and also to the other official resp who are expected to theifes infor.
fw d cegapliance of the SS .
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2. They have been directed to file the periodical report within six (6) months. Since the report has not been filed, the same has been taken up on 24.12.2021 and at the request of the counsel appearing for the respondents the matter has been adjourned to today for consideration of compliance report.
Page 5 of 123. We have received a _ report submitted by the grd respondent/Secretary, Transport Government dated 27.01.2021, e-filed on 31.01.2022 which reads as follows:-
Keport on behalf of the respondent (Secretary, Transport Department) in compliance with the order of The honorable National Green Tribunal dated 24/12/2021 in OA 76/2017 As per the suggestions filed by the Joint Committee, the Hon'ble National Green Tribunal has ordered for submitting the report on the compliance of the programmes on short term and long term basis. A report on steps taken by the Motor Vehicles Department as per the orders of the Hon'ble National Green Tribunal, South Zone, Chennai is furnished below:-
Short term suggestions:-
(a) Launching extensive awareness drive against polluting vehicles;
(b) Ensuring strict actions against visibly polluting vehicles;
(c) Steps to prevent parking of vehicles in non designated areas;
Long term suggestions:-
(a) Retrofitting of diesel vehicles with particulate filters;
(b) Promoting Battery Operated Vehicles;
(c) Banning of old diesel Vehicles;
(d) Prepare an action plan for public transport on CNG mode;
Short term steps In order to ensure strict action against visibly polluting vehicles, the department conducted a special drive "Operation Green Awareness". In this drive, strict actions were taken against visibly polluting vehicles. Awareness campaigns were conducted in each district by the Regional Transport Officers with the help of personnel from Pollution Testing Centers, NGOs and Vehicle Dealers. Stringent actions were also taken against the vehicles which were parked in non designated areas, A Page 6 of 12 The Motor Vehicles Department is conducting pre - learmers road safety awareness classes for the Driving License aspirants, in all Regional Transport _ Offices/Joint Regional Transport Offices in the State of Kerala. One of the major areas covered in such classes include Air Quality Control, its importance and measures to be adopted for controlling air pollution due to vehicle emission etc. Questions related to the pollution control due to vehicle emission are included in the questionnaire for learner's tests also.
All the officers, especially officers of the enforcement wing of the Motor Vehicles Department have given strict direction to launch special drive for checking all the polluting vehicles. Computerised pollution testing centers are launched in the state. All pollution testing centers were networked and linked with Parivahan site. The quality of testing centres have been improved. Web based Vahan PUCC module was implemented from 01/11/2020. Government are also contemplating to strengthen the vehicle pollution control testing centres.
As regards unauthorized parking of vehicles in non designated areas, effective enforcement activities are being carried out to prevent parking of vehicles in non - designated areas. The vehicle owners were given strict instructions to park the vehicles only in designated areas. The local bodies are requested to provide sufficient space in public places in their jurisdiction, for vehicle parking as per the provisions of the Kerala Panchayat Raj (Landing place, Halting place, Car stands and other vehicle stands) Rules 1995 and Section 472 of the Kerala Municipality Act, 1994. The details of checking and vehicles booked for violating pollution norms and unauthorised parking is furnished in the table below.
| Month Vehicles without PUCC Unauthorised Parking | | No. of cases | Fine collected | No.ofcases | Fine collected | Rs) | (Rs) 'February-2021/ 220 «56750 1738 430750 March - 2021 383 «(103000 1118 277000 _ April - 2021 1368 + --: 1827900 1439 974250 May - 2021 29 111000 53 46000 | | June 2021 _ AL 128500 ABS 192300 | July - 2021, 1 389 _k. 1738250 5283 2189350 | August - 2021! 750 | 1926250 2330 1143500 Page 7 of 12 ' September- --438---S*«S432080 1513 915100 2081 | October - 2021 504} 1586000 2230 1198400
- November - 712 2426250 2083 1296000 'December - 646 2480150 1872 977150 Total 5697 | 13391600 27512 10387550 Long term steps In order to ensure environmental sustainability and to reduce pollution, Government of Kerala envisage Electric Vehicle Policy. As part of this Government are encouraging the use of electric vehicles and planning to switch over from diesel to CNG/LNG/Electricity as fuel for public transport buses including KSRTC. KSEB was appointed as the State nodal agency for installation of charging station in the state. An amount of Rs. 5 Crores has been given to Kerala State Electricity Board for the installation of the charging Stations. ANERT under department of Power, Government of Kerala, had decided to give all support for the installation of Public Electric Vehicle Charging Stations across the State and also plans to give subsidy/ incentives for solarization of Public Electric Vehicle Charging Stations.
Government as per notification issued as G.O(P) No.12/2021/Trans dated, 23/02/2021 and published as $.R.O No.231/2021 in the Kerala Gazette Extra Ordinary No.917 dated, 23/02/2021 have granted a reduction of 50% for a period of 5 years with effect from 01/04/2021 on the rate of tax levied u/s. 3 of the KMVT Act to new electric vehicles and exempt the tax on new electric autorickshaws for a period of first 5 years on and from the date of their registration.
Government as per GO(Rt)No.240/2020/Tran dated 15/07/2020 has accorded sanction for hiring electric vehicles from EESI. through ANERT. Accordingly 66 electric vehicles were hired by the department for the SAFE KERALA project. In the view of e-vehicle policy, a subsidy of Rs.30,000/- has been granted to the owners of the e-autorickshaws.
Motor Vehicles Department have imposed green tax on transport vehicles that are more than ten years old and non-transport vehicles that are more than LS5years old from 01 January 2017. It is also informed that, Rule 52 of the Central Motor Vehicles Rule,!989 provides for the provisions-for Renewal of Page 8 of 12 Certificate of registration. The Ministry of Road Transport and Highways as per the notification published as GSR 177 (E) dated 12.03. 2021 has decided to insert a new rule, Rule 52A to the Central Motor Vehicles Rules, 1989, providing for the Non renewal of Certificate of registration of Government Vehicles, the draft of the said rule is as follows:-
"S2A: Non-Renewal of Certificate of registration of Government Vehicles:
Notwithstanding anything contained in Rule 52, in the case of motor vehicles, owned by-
(i) Central Government and its Departments;
(i!) State/UT Governments and their Departments;
(ili) Local Government Institutions namely, the Municipal Corporations or Muncipalities or Panchayats;
(iv) State Transport Undertakings established under the Road Transport Corporation Act, 1950 (64 of 1950) and the Companies Act, 2013 (18 of 2013);
(v) Public Sector Undertakings;
(vi) Autonomous bodies with the Central Government and State Governments, The certificate of registration shall not be renewed after the lapse of fifteen years, as provided in sub-section (7) of Section 41, from the date of such certificate."
On coming into effect of the said rules the Certificate of registration of the vehicles mentioned as items (i) to (vi) of rule 52 A shall not be renewed.
In view of the directions of the Hon'ble National Green Tribunal and in order to ensure environmental sustainability and to reduce pollution as envisaged in the Electric Vehicle Policy of the Government of Kerala, the Government have decided to bring Air Pollution under contro! by implementing alternative fuels like Electrical Energy, Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG), Liquefied Natural Gas (LNG) in Autorickshaws older than 15 years, from Ist June, 2021. For the purpose the Government have amended the Kerala Motor Vehicles Rules, 1999, by inserling a new rule namely Rule 292 A, as per notification issued under G.O. (P) No.15/2021/Trans dated, 24/05/2021 and published as $.R.O No.414/2021 in the Kerala Gazette Extra Ordinary No.1642 dated, 27/05/2021.
As per GO(P) No.41/2018/Tran dated. 22/11/2018 Government of Kerala have directed the Regional Transport authorities to fix the limit for auto LPG/LNG/CNG/Electric Autorickshaws in each of the cities of Thiruvanannthapuram, Kochi and Kozhikode as 3000 numbers in which 2000 Page 9 of 12 permits will be allotted only for electric autos and a separate quota of 1000 permits _will be allotted to other fuels like CNG/LNG/LPG apart from the autorickshaw permits already fixed.
A special team under Joint Transport Commissioner (Enforcement) has been formed for proposing a detailed action plan for public transport on CNG mode. Oil Companies have been directed to set up CNG & LNG stations across the state. Land has allotted at Anayara. KSRTC in tie up with IOCL is trying to introduce CNG/LNG/Electric buses. Private vehicles are also being converted to CNG.
KSRTC has invited tender for the procurement of 310 CNG buses to replace the existing diesel buses. Two manufacturers participated in the tender and technical bid evaluation of the tender is under process. The new CNG buses will be put on road from 2022 March. KSRTC has also invited tender for the procurement of 50 Nos of electric buses. Five firms participated in the tender and technical'bf evaluation is under process, Lo Government have announced Rs.100 Crores fund for the conversion of diesel buses of KSRTC to CNG. As a pilot project, KSRTC invited tender for the conversion of 5 diesel buses to CNG for evaluating the performance and work order issued.
KSRITC invited tender for the conversion of 400 diesel buses to LNG. Three firms participated and qualified in the technical bid. Preevaluation of the three buses were completed. LOI given for proof of Concept conversion. KSRTC is also planning to phase out 935 old aged diesel buses.
Most recently, the Government of India is in the process of preparing a Hydrogen Mission, with support from the MNRE and NITI Aayog. In addition, Government have took initiative to explore opportunities for Kerala to exploit the potential of green hydrogen technologies for green energy acceleration and the adoption of clean transport.
'Travancore Cochin Chemicals Ltd (Public sector under taking owned by "Government of Kerala) is the only company in Kerala producing green Hydrogen through electrolysis route, and the purity of hydrogen produced is 99.4%.This need to be further purified to meet the requirements of automotive fuel grade. Travancore Cochin Chemicals Ltd is planning to set up facility to purify, compress and dispense/ refuel hydrogen gas available at their premises.
KMRL has been awarded Rs.10 Crore for running Myrogen Huses on a pilot basis.
€ Page 10 of 12 IOCL, Cochin has obtained an in-principle clearance from. their management for investment of Rs.100 crores for setting up Green Hydrogen Fuel infrastructure one each at Cochin and at Trivandrum as a pilot project, IOCL has requested for allotting 2 acres of land at Vyttila mobility hub and Trivandrum for setting up hydrogen Refueling Station .
Cochin Shipyard Ltd got funding approval from the Ministry of Ports and Shipping for their ongoing Projects in manufacturing fuel cell Boats and Vessels. First fuel cell Boat will be commissioned by the end of the year. So that, when the National Water Ways become functional, Goverment can put more fuel cell boats across the State. A LRH out, the counsel soins 2g te ak ae by the Principal secrets ary for. tnvfrment
5. The above officials are directed to submit the respective reports to this Tribunal on or before 07.07.2022 by e-filing in the form of searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
Page 11 of 126. The Registry is directed to communicate this order to the Chief Secretary, State of Kerala, Principal Secretary for Environment, State of Kerala, Principal Secretary - Public Works Department (PWD), Principal Secretary - Revenue Department, Principal Secretary - Transport Department, members of the committee and also to the other official respondents who are expected to implement the directions of.this Tribunal for their information and compliance of the di:
on
7. For consideration of . report, post oe < x ¥ 5 SS we << : AY oe , WAS Se Ww AS eeceecceteeeeee E.M. yagopal korlapati) O.A. No.76/2017, 259/2017 XS 260/2017 (SZ) 01.02.2022. Sr. 9.
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