National Green Tribunal
L.G.Saha Devan vs Union Of India on 11 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.6:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.422 of 2013 (SZ)
(Through Video Conference)
IN THE MATTER OF:
L.G. Sahadevan ...Applicant(s)
Versus
Union of India and Ors.
...Respondent(s)
Date of hearing: 11.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. A. Yogeshwaran.
For Respondent(s): M/s. M.R. Gokul Krishnan for R1.
M/s. Kamalesh Kannan for R7 to R9,
R11 & R13.
M/s. C. Kasirajan through
M/s. Meeana for R10.
M/s. Abdul Saleem through
Sri. Saravanan for R2 to R4.
M/s. Varshini Sathish represented
Sri. S. Ramasubraniam for R5, R6.
1
ORDER
1. The main prayer in this application is to issue a direction for implementation of LPG/CNG in the vehicles used for commercial purposes such as auto rickshaws, share-autos, Metropolitan Transport Buses and other commercial vehicles such as tourist cabs, call taxis, and other public transport vehicles plying in Chennai City and its urban agglomeration areas within a time frame.
2. This Tribunal by order dated 25.01.2019, disposed of the matter with certain directions to the committee comprising of the Central Pollution Control Board and Tamil Nadu Pollution Control Board to study the Ambient Air Quality and identify the hotspots and sources of pollution and submit an action plan for mitigation.
3. The committee was also directed to examine the viability of the suggestions of use of CNG or other Green/Clean fuel in the vehicles and posted the case for the purpose of consideration of the report alone.
4. Thereafter, the matter was adjourned from time to time giving certain directions as to how the directions given in Original Application No.21 of 2014 (Vardhaman Kaushik Vs. Union of India) is to be implemented in the State as there was a direction 2 in the same Judgment to implement the same as far as possible in PAN India basis as well.
5. So, this Tribunal had directed the Tamil Nadu Government to prepare an action plan with a time line as to how they are going to make the State of Tamil Nadu an eco-friendly state by using Green/Clean fuel in the vehicles that is being permitted to ply in the State.
6. The matter was being adjourned for that purpose from time to time and lastly it was taken up on 15.07.2020 and it was adjourned to today for filing the action plan.
7. When the matter came up for hearing today through Video Conference, Sri. A. Yogeshwaran represented the applicant. Sri. M.R. Gokul Krishnan represented 1st respondent, Sri. Kamalesh Kannan represented respondents 7 to 9, 11 & 13, Sri. C. Kasirajan through M/s. Meena represented 10th respondent, Sri. Abdul Saleem through Saravanan represented respondents 2 to 4 and M/s. Varshini Sathish represented Sri. S. Ramasubramaniam, learned counsel appearing for the respondents 5 & 6.
8. We have received an action plan submitted by respondents 7 & 9 which reads as follows:-
"ACTION PLAN FILED ON BEHALF OF THE
RESPONDENTS 7 TO 9
3
I, Tenkasi S Jawahar, Slo(Late)Thiru.T.P.
Subrahmanyanaged about 54years, Hindu, Working as Principal Secretary/Transport Commissioner having office at Ezhilagam ,Chepauk,Chennai-05 do hereby solemnly affirm and sincerely stateasfollows:-
1. I am filing this Action Plan reportonbehalfthe 7th to 9th Respondents in the official capacity
2. It is respectfully submitted, that the Government of Tamil Nadu is taking all possible steps to reduce pollution by encouraging alternate and cleaner fuels. An Electric Vehicle Policy 2019 has been constituted by adoption of Electric Vehicles for Road Transport contributes to a wide range of goals. These include better air quality, reduced noise pollution, enhanced energy security and in combination with a low carbon power generation mix reduced Green House emission. In addition to less air pollution electric vehicles can also lead to a reduction in over all pollution.
3. It is respectfully submitted, the vision of the Government of Tamil Nadu to attract rupees 50,000 Crores of investment in EV manufacturing providing infrastructure for charging, shared mobility, recycle and reuse used batteries and disposed the rejected batteries in an environment friendly manner to avoid pollution.
4. The state will promote conversion of all auto rickshaws in 6 major cities Chennai, Coimbatore, Trichy, Madurai, Salem and Tirunelveli to EVs within the span of 10 years and this will be extended to other cities and towns in a gradual manner. Similarly the state will support conversion of all Taxis and app based transport operators and aggregators in the 6 major cities to EVs within a span of 10 years. And around 1000 EV Buses will be introduced every year and the private operators will be encouraged to 4 transition to EV Buses.
5. Similarly an Education Institution Buses will encourage for conversion.
1. Government has planned to give 100% tax exemption to all EV Vehicles till 30.12.2022.
2. Waiver of registration charges / fees will be done as per Government of India notification.
3. Permit fees will be waived till 30.12.2022.
4. Incentives from Government will be provided as capital subsidy to private operators to setup public charging stations.
5. The Government will take effort to setup 3*3 grid charging stations in Chennai, Coimbatore, Trichy, Madurai, Salem and Triunelveli.
6. The distance between the charging stations both in NHAI and State Highways will be setup at 25 km distances.
7. Charging point will provided in the Government Office parking slots.
8. EV related and charging infra structure manufacturing industries in the state will be provided 100 percent exemption on electricity tax till 31.12.2025 and also stamp duty exemption during purchase of land.
6. It is respectfully submitted, at present after the announcement of e-Vehicle Policy many new companies have started manufacturing and in dealing with electrical vehicles by which the public have started to know the importance and by which they are very sure that only Electric Vehicles will be the future auto mobile on the road.
Further it is respectfully submitted, the Indian Oil Corporation has come with a new project making 5 availability of CBG (Compressed Bio Gas) in Salem and Namakkal Districts for use in automobile. This CBG is produced from Bio Mass / waste sources have a calorific value and other properties similar to CNG and can be used as an alternative renewable automotive fuel. Being a Green Gas and also environment friendly it promotes rural economy and development contributing to nation's growth. Permission will be granted for conversion of petrol driven vehicles to CBG.
7. It is submitted that this Hon'ble Tribunal felt that aged old vehicles are polluting more than new vehicles. Wherein it is necessary too state that for manufacturing a new vehicle the amount of natural resource, such as water and iron used shall also be considered in bringing the policy for scrapping. Further when the Hon'ble Principal Bench directed to deregister the 10 years old diesel vehicles and 15 years old petrol vehicles, in the case of Vardhaman Kaushik Vs.UOI, the same was taken to the Hon'ble Apex Court in Civil Appeal 4906/2019. It is seen that the same is pending till date and is posted along with the WP 13029/1985 ( MC Metha VS UOI & others). Hence any decision pertaining to scrapping or restriction to the old vehicles would develop conflicting views and hence the same shall be made, subject to the out come of the said case, after necessary instructions from the central Government,
8. It is respectfully submitted, at present there are 8 Transport Corporations owning 20,709 stage carriages plying in our state and to the neighboring states (Andhra Pradesh Kerala, Karnataka, Telugana, Pondicherry) catering the need for the common public. They cover a distance of 85.23 lakhs K.M per day Total average 6 passengers travelling in the Vehicle is around 167.44 lakhs per day. The Vehicles are maintained well and there is replacement of new vehicles regularly. There are only about less than 0.5% of Vehicles which have covered 15 years of age out of the fleets strength of 20,709. Moreover Government of Tamil Nadu in G.O Ms.No.2552 Transport Department dated 26.09.1991 in its order, after careful consideration has recommended express buses to replace after three years or after completion of 7 Lakhs km and other buses 6years or after completion of 7 Lakhs kms. In all these Vehicles Pollution is kept under control by maintaining the Vehicle periodically and by issuance of fitness certificates once in a year and by checking the vehicle once in six month by the motor vehicles inspectors.
9. In the State of Tamilnadu there are 87 Regional Transport Offices and 58 Unit Offices which are monitored under 12 Zonal offices and 2 Enforcement wings. By regular checking of vehicles pollution is kept under control. BS-VI is introduced from 01.04.2020 by which pollution will be drastically reduced already guidelines have been received from MoRTH that after 01.04.2020 no Vehicles other than BS - VI will be registered in our state.
AS PER BS-IV POLLUTION NORMS.
(Petrol/compressed Natural Gas/Liquefied Petroleum Gas driven Vehicles, manufactured as per Bharat Stage - IV norms) Sr.N Idle Emission Type of Vehicle High idle o Limits emission limits (1) (2) (3) (4) 7 CO% HC (n CO% Lambada hexane (RPM-250 equivalent) 0 200) ppm
1. Compressed Natural 0.3% 200 ppm - -
Gas/Liquefied Petroleum Gas driven 4-Wheelers manufactured as per Bharat Stages-IV Norms.
2. Petrol driven 0.3% 200 ppm 0.2 1 ( + or 4-Wheelers -) 0.03 or manufactured as per as Bharat Stages-IV declared norms. by the vehicle manufact urer.
(Diesel Vehicle)
Maximum smoke
Sr.No Method of test
density
(1) (2) (3)
Light
Hartidge
absorption
coefficient units
(1/meter)
1. Free acceleration test for 2.45 65
turbo charged engine and
naturally aspirated engine
for vehicles manufactured
as per pre-Bharat Stages -
IV norms.
2. Free acceleration test turbo 1.62 50
charged engine and
naturally aspirated engine
for vehicles manufactured
as per Bharat Stage-IV
norms.
Limit Values for M and N category vehicles fitted with PI & CI 8 Engines : BS - VI Combined Mass of Mass of Mass of Non-Metha Mass of Hydrocar Reference Mass of Carbon Total Mass of ne oxides of bons and Number of Mass (RM) Monoxide Hydrocarbo Particulate Hydrocarbo Nitrogen oxides of Particles (PN) (Kg) (CO) ns Matter (PM) ns (NOx) nitrogen (THC) (NMHC) (THC + NOx) LI L2+L3 L5 L6 L2 (mg/km) L3 (mg/km) L4 (mg/km) (mg/km) (mg/km) (mg/km) (numbers/km) Category Class PI CI PI CI PI CI PI CI PI CI PI CI PI CI M(MI & All 1000 500 100 - 68 - 60 80 - 170 4.5 4.5 6.0 6.0 M2) x1011 x1011 NI I RM < 1305 1000 500 100 - 68 - 170 80 - 170 4.5 4.5 6.0 6.0 x1011 x1011 II 1305 < RM 18010 630 130 - 90 - 75 105 - 195 4.5 4.5 6.0 6.0 < 1760 x1011 x1011 III 1760<RM 2270 740 160 - 108 - 82 125 - 215 4.5 4.5 6.0 6.0 x1011 x1011 N2 All 2270 740 160 - 108 - 82 125 - 215 4.5 4.5 6.0 6.0 x1011 x1011 From the above table BS-VI it is found that the emission level will be far below by use of BS-IV engines.
10. It is respectfully submitted that the Central Government is under active consideration in introducing scarping policy through out the country the scraping of vehicles should be proper and in a scientific and systematic way or else it may be hazards to nature. Once the guidelines are received from the Central Government. The State Government will take all the necessary initiatives to follow the policy at present in our state the fitness certificate for all the new Transport Vehicles are Undertaking buses are updated for roadworthy, once in six months. For non transport 9 Vehicles, revalidation of vehicle is done once it is completed 15 years, the thereafter every 5 years. The issuance of Fitness Certificate, revalidation is done based on the Pollution Under Control Certificate. Apart from this, Vehicle checked on road should also carry PUC certificate. Those not carrying PUC certificate are being issued with CFX certificate and thereby keeping the Vehicles under emission norms. Green tax is being collected every year for vehicles which has covered 7 years for Transport Vehicle and once in 5 years for non transport vehicle which has covered 15 years of age.
11. It is humbly submitted, in the State of Tamil Nadu strictly adheres the directions of the Hon'ble Supreme Court of India and notified the conversion of all petrol driven auto rickshaws registered in the Chennai City, Kancheepuram and Thiruvallur Districts, into Liquefied Petroleum Gas (LPG). There by reducing Vehicular pollution. It is humbly submitted at present, as per the above instructions, all the Pollution Testing Centres in this state are linked with Vahan data base, thereby improving qualitative reduction in Pollution and to have a overall control of the Pollution testing Centres. It is humbly submitted as per the steps taken by the State Government the enforcement officials of Transport Department have checked the vehicles and issued the check reports to those without valid Pollution Under Control Certificate (PUC) The details of Check report issued for the violation:
2012-13 2013-1 2014-1 2015-1 2016-1 2017-18 2018-1 2019-20 4 5 6 7 9 36003 36928 44748 46697 44847 39845 47876 32732 10 It is humbly submitted after the announcement of E-Vehicle policy many auto rickshaw owners have come forwarded for conversion of petrol driven Vehicles to battery operated vehicles and many existing car manufactures have entered into manufacturing of electric driven Vehicles which will attract car buyers there by reducing vehicular pollution in the near future.
It is humbly submitted that as per the available statistics from the year 1961 to Dec 2019 the vehicular position of the state both Transport and NonTransport vehicle is 2,90,12,556 Year Vehicular As on Rough Estimate Position 1.01.2020 1961-1991 1538743 153874 Only 10% of Vehicle ply on Road 1991-2001 3623339 1087001 Only 30% of Vehicle ply on Road 2001-2004 1590391 1113273 Only 70% of Vehicle ply on Road Upto 2004 6752473 2354148 2004-2019 20935712 18842140 Only 90% of Vehicle ply on Road 01.04.2019 1324371 1324371 100% of Vehicle ply to on Road 31.12.2019 29012556 22520659 From the above statistics it is found that vehicle registration from the year 1961 to 2004 in our state has been only 23%. The remaining 77% of vehicle has been registered after 2004. Similarly, as per the predicted rough estimate only 10.4% of vehicles ply on road from the year 1961 to 2004.
It is humbly submitted that, the vehicular position of 11 the state is VEHICULAR POSITION IN TAMIL NADU AS ON 01.01.2020 TRANSPORT NON TRANSPORT STAGE CARRIAGES Motor Cycle 15401087 PUBLIC (Stu) 20709 Scooter 3641433 PRIVATE 7586 Mopeds 5449564 TOTAL 28295 TWO WHEELERS 24492084 Mini bus 4055 Motor Car 2688031 Jeep 46232 Contract Carriages Tricycle Auto 4358 Autorickshaw 293664 Tractor 333428 Ordinary Taxi 4366 Three Wheeler 62924 Motor Cab (SP) 113364 Four Wheeler 17537 Motor Cab (AIP) 14952 Road Roller 2514 Maxi Cab (SP) 83978 Others 74421 Maxi Cab (AIP) 6303 Omni Bus (SP) 773 Omni Bus (AIP) 115 TOTAL 517515 Private Service Vehicles 12744 Total Non Transport 27721529 Education Institutional Buses ( School Bus + College 34159 Bus) Ambulance 11548 Fire Fighter 1686 TOTAL 60137 Goods Carriages Lorries 268109 National Permit LORRIES 98913 Transport 1291027 Tractor & Trailor 78013 12 Light Commercial Vehicles 220296 Non Transport 27721529 Articulated Vehicles 15694 STATE TOTAL 29012556 TOTAL 681025 Transport Total 1291027 From the vehicular position Motorcycles 84.4 % Petrol Driven + e vehicle 0.003 % Light Motor vehicle 9.4 % Both Petrol and Diesel Driven + eVehicle 0.003% Auto Rickshaws 1.0% in which Petrol + LPG Driven will be 45%+ e vehicle 0.003% Transport Vehicles 5.2% Diesel Driven From the above statistics it is clear that around 89% are petrol driven vehicles. The remaining 11% of vehicles are mostly Goods Vehicle and Heavy vehicles in which Petrol driven vehicles are not being manufactured.
Under the above circumstances, it is humbly prayed that this Hon'ble Tribunal may be pleased to accept the present affidavit and pass such further or other orders as deem fit and proper in the facts and circumstances of this case and thus render justice."
9. It is seen from the report that it cannot be said to be an action plan but only in the nature of a status report regarding the things that has been done in the State of Tamil Nadu for 13 implementation of the Green and Clean Fuel Policy to protect the environment.
10. Sri. Kamalesh Kannan, learned counsel represented that the Additional Advocate General wants to appear in this matter and when we pointed out that it is only a status report and it cannot be treated as an action plan and if there is any action plan for the State Government to implement this policy with the time line then, the learned counsel submitted that if some time is granted, he may be able to come with an action plan as directed by this Tribunal with some time line as well.
11. Considering the fact that the matter is of the year 2013 and the matter is only relating to the implementation of Clean and Green Fuel Policy of the Central Government to safeguard the people against the air pollution, we feel that the Government will come with an action plan at a shorter period of time so that this Tribunal can consider the action plan to be submitted by the State Government and appropriate directions can be given in this regard for implementation of the same and dispose of the case.
12. For submitting the action plan with time line and for hearing the matter, post on 07.10.2020.
14....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.422/2013 11th September, 2020. Mn.
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