National Green Tribunal
Vinay Shivanand Naik vs State Of Karnataka Dept. Of Transport ... on 24 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 183 of 2016 (SZ) &
I.A. No.21 to 23 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Shri Vinay Shivanand Naik ... Applicant(s)
Versus
State of Karnataka & Ors. ...Respondent(s)
Date of hearing: 24.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Sri. Manu Kulkarni.
For Respondent(s): Sri. Darpan for R1.
Sri. R. Thirunavukarasu for R4.
Smt. Me. Saraswathy for R9.
Sri. Bharadwaja Rama Subramaniam for R11.
Sri. Darpan represented
M/s. P. Kavitha for R2, R3, R5 & R6.
1
ORDER
I.A. No.21/2020(SZ) - [M.A. No.508/2018 (PB)] I.A. No.21/2020 is disposed as the prayer in this application has become infructuous in view of the orders passed by the Hon'ble Apex Court in this regard regarding use of BS-IV diesel buses.
I.A. No.22/2020(SZ) - [M.A. No.405/2019 (PB)] In view of the subsequent orders passed by this Tribunal, there is no necessity for passing interim directions as prayed for by the applicant in I.A. No.22/2020. So, this application is closed and disposed of accordingly.
I.A. No.23/2020(SZ) - [M.A. No.484/2019 (PB)] I.A. No.23/2020 is allowed and document is received subject to its reliability, admissibility and relevancy and can be considered in the main matter. The application is disposed of accordingly.
O.A. No.183/2016 (SZ) - [O.A. No.176/2018 (PB)]
1. As per order dated 24.02.2020, this Tribunal had considered the grievance in this application and passed the following order:-
"9. So under these circumstances, we direct the Bangalore Metropolitan Transport Corporation and State of Karnataka to submit a detailed report, mentioning the following aspects:2
(i) How many old diesel vehicles are operational in Bangalore City for public transport as on today and since when.
(ii) How many vehicles have crossed ten years period fixed by the Principal Bench of National Green Tribunal, New Delhi in VARDHAMAN KAUSHIK case.
(iii) What are the steps taken by both the Bangalore Metropolitan Transport Corporation as well as Government of Karnataka to replace these old vehicles with clean and green fuel.
(iv) What is the time line fixed by them for implementing the same in their State? They are directed to specifically mention the time line within which the electric vehicles will be introduced. They shall file a status report within a period of one month."
2. The case was posted to 31.03.2020. On 31.03.2020, the matter was adjourned to 20.07.2020 and on 20.07.2020, it was adjourned to 24.07.2020 by successive notifications and on 24.07.2020, it was adjourned to today as there was no sitting.
3. When the matter came up for hearing today through Video Conference, Sri. Manu Kulkarni represented the applicant. Sri. Darpan represented 1st respondent, Sri. R. Thirunavukarasu represented 4th respondent, Smt. Me. Saraswathy represented 9th respondent, Sri. Bharadwaja Rama Subramainam represented 11th respondent and Sri. Dapran represented M/s.
P. Kavitha, learned counsel who is appearing for the respondents 2, 3, 5 & 6.
34. We have received an affidavit filed by the Chief Mechanical Engineer (Production) of the Bengaluru Metropolitan Transport Corporation (BMTC), Kengal Hanumanthaiah Road, Shanthinagar, Bangaluru on behalf of the 3rd respondent regarding the status report in respect of changing of the old vehicles with new eco-friendly vehicles in Bangalore City which reads as follows:-
"I, M.N. Srinivasa, S/o. Late M. Narayanaswamy aged about 56 years, working as Chief Mechanical Engineer (Production), Bangalore Metropolitan Transport Corporation (BMTC), Kengal Hanumanathaiah Road, Shanthinagar, Bangalore do hereby solemnly affirm and state on oath as follows:
1) I am working as Chief Mechanical Engineer (Production) of the Bangalore Metropolitan Transport Corporation (BMTC) (Respondent No.3). I am aware of facts of the case, hence I am swearing to this Affidavit.
2) I submit that an order was made by this Hon'ble Tribunal on 12.01.2017 permitting the purchase of 3,672 BS-IV norms buses by all the four road transport corporation of Karanataka. Out of which the BMTC has purchased 2,158 Buses.
3) I submit that as on 12.01.2017 the buses available in the fleet of BMTC are as follows:
(i) BS-I make - 11 buses
(ii) BS-II make - 781 buses
(iii) BS-III make - 3757 buses
(iv) BS-IV - 1648 buses
4) I submit that after purchase of 2158 buses of BS-IV make, the buses purchased are replace the old buses and to augment new routes, after the purchase of these buses, the buses which are scrapped are as follows:4
(i) All 11 buses of BS-I make are scrapped.
(ii) All 781 buses of BS-II make are scrapped.
(iii) 850 buses of BS-III make are scrapped out of 3757 buses of BS-III make.
5) I submit that as on 21.09.2020 the number of buses available with BMTC are as follows:
(i) BS-III make - 2813 buses (ii) BS-IV make - 3797 buses.
6) I submit that out of 2813 buses of BS-III makes available in BMTC, 2243 buses of BS-III makes are crossed 10 years of age. It is submitted that as per the scrapping plan the buses which have run 8.5 lakhs Kms are scrapped by BMTC. Out of those buses which have crossed 10 years 1268 buses are under scrapping plan during the year 2020-2021. The remaining 1545 of BS-
III make buses will be scrapped during the year 2022-23 as per the scrapping plan.
7) I submit that under the circumstances it is suppose to replace all the existing BS-III norm buses by BS-VI (diesel) buses in course of time.
8) I submit that State of Karnataka in its budget proposal for 2020-20201 has made provision to provide financial assistance to BMTC to purchase 1500 diesel buses. It was proposed to purchase 1500 BS-VI make buses to replace all the BS-III make buses. However, in view of the financial crisis which is the result of Covid-19 the State Government has written letter dated 19.08.2020 informing that the plan to purchase 1500 Euro-VI make buses be deferred to next financial year.
9) I submit that an application has been filed by this Respondent seeking permission of this Hon'ble Court to purchase 1000 diesel buses. To enable the purchase of BS-VI make buses the State Government has been requested to provide financial assistance to meet the expenditure to purchase 643 buses for the time being of BS-VI make.
510) It is submitted that BS-VI make diesel buses are far better than the CNG buses. The CNG buses emit more NOX and micro particle matters which are injurious to health. The diesel now supplied by the supplying companies meets BS-VI standards of emission and the diesel buses are also manufactured now to meet BS-VI standard. BS-VI make buses are more environmental friendly. It is submitted that the emission level of diesel BS-VI make buses and the CNG buses are almost fuel neutral. Infact the diesel buses produce lesser NOX and the CNG buses infact produce more green house gases (GHG). In fact the CNG buses are producing more heat than the diesel buses.
11) I submit that the emission norms of BS-VI make diesel buses when compared with CNG fuel buses have many advantages. The pollution norms in BS-VI diesel buses are more advantageous and more environmental compliance in comparison with CNG-IV norm buses. I submit that as per the standard prescribed the emission of "NOX" in BS-VI diesel buses is 0.4 (g/kwh). Whereas in CNG buses the emission of "NOX" is 8.9 g/km. The "PM" particles emitted from the diesel buses in BS-VI norms is 0.01 g/kwh. In case of CNG buses the "PM" particle emitted is 0.012 g/km.
12) I submit that Bangalore Metropolitan Transport Corporation (BMTC) has invited the offers by issuing expression of interest dated 07.03.2019 to purchase 1500 electrical buses and also to have charging stations for the said buses. In W.P. No.12919/2019 and W.P. No.12920/2019 the Hon'ble High Court of Karnataka has passed interim order dated 29.03.2019 has directed BMTC to restrict the purchase of electric buses. These buses are sought to be purchased from the grants that may be made by Central Government to State Government and the resources to be mobilized by BMTC. It was noticed by State Government that the terms 6 quoted by the tenderer who was the petitioner in W.P. No.12920/2019 were not in public interest. These electrical buses were supposed to be purchased from the funds Central Government will grant under FAME-I scheme. But in view of the fact that before the contract could be finalized the scheme has lapsed and therefore the proposal to purchase electrical buses which is subject matter of W.P. No.12920/2019 has also lapsed and the said W.P. No.12920/2019 was also withdrawn by tenderer.
13) I submit that, a tender dated 18.09.2019 was issued for 300 AC electric buses on Gross Cost Contract (GCC) model under the FAME-II scheme. This FAME-II Scheme is issued by Central Government to provide financial assistance to introduce the electrical buses for public transportation. In this tender M/s. Every Trans Private Limited participated and quoted Rs.89.64 per KM and after negotiation he agreed for Rs.69.63 per Km excluding conductor salary and other allowance and also electricity cost, if the same has been calculated the cost per Km will be Rs.92.00 which is not viable to the Corporation and the said tender was cancelled. Again new tender dated 23.01.2020 was floated pursuant to said tender there was only one bidder by name M/s. Every Trans Private Limited. Another competitor namely M/s. MBG Commodities Pvt. Ltd., has filed W.P. No.5597/2020 on the file of Hon'ble High Court of Karnataka on the ground that they were not able to upload the bid due to technical reasons in the E-Portal of the Government of Karnataka. By order dated 19.03.2020 made by Hon'ble High Court of Karnataka in the said writ petition the BMTC was permitted to open the tender and take decision by following circular issued by State Government which laid down that in case of single bidder the first choice is for rejection of tender and re-invite fresh tender. The technical bid was opened and 7 it was noticed that only one bidder was participated and therefore the entire bid is rejected and a decision is taken to re-issue the tender. Accordingly, steps are taken to issue fresh tender for operation of 300 electrical buses under the FAME-II scheme of Central Government.
14) I submit that BMTC is facing financial difficulties due to the stoppage of operations on account of covid pandemics. Even for payment of salaries to its employees for the month of April to September 2020 the State Government is providing financial aid to the Corporation. Though the city service are made operational only one-third of the buses out of total number of 6610 buses which are usually operated on daily basis. The revenue realized by operation of these buses at present is not even enough to meet the diesel costs. Under the circumstances the program of replacement of BS-III make buses is to be deferred as per the plan submitted above.
15) It is submitted that BMTC will take steps to issue fresh tender to introduce 300 electric buses under FAME-II scheme of Central Government. These electrical buses will be operated in the areas of higher air pollution as per the report of Pollution Control Board. Annually steps will be taken to induct electric buses to its present fleet. The BMTC will only purchase BS-VI make diesel buses or electrical buses.
16) That the area of operation of BMTC is enlarged to cover large number of villages located around Bangalore City and rural belt around Bangalore. Diesel buses will be operated in the rural belt and village areas and electrical buses will be introduced in central urban areas of Bangalore City by introducing the electrical buses as stated above.
17) The Government of Karnataka has budget permission for the year 20-21 assistance to purchase the 1500 buses for the year 2020-21. But due to covid pandemics the 8 state has extended the said financial assistance/purchase of 1500 buses for the year 2020-
21.
18) I submit that M/s. Bangalore Smart City Limited has made provision of Rs.50 Crores to operate 90 non AC 9 meter electrical buses under the Bangalore Smart City scheme to operate feeder services in the metropolitan areas Bangalore for providing connectivity from the nearby areas of metro stations. In this regard tender notification dated 03.02.2020 is issued. Technical bid is opened on 22.07.2020. The further process of tender is under process seeking permission from Govt. of Karnataka regarding memorandum issued by the Government of India, Ministry of Finance - Department of Expenditure dated 23.07.2020 imposing restrictions for public procurement from bidders who are from certain countries. In this regard decision will be taken after evaluating all aspects of the matter.
WHEREFORE it is humbly prayed that this Hon'ble Court be pleased accept the above proposal, in the interest of justice.
I, M.N. Srinivasa, the Deponent above named do hereby declare that the averments made in this Affidavit are true and correct to the best of my knowledge, belief and information."
5. On going through the affidavit, it appears that nothing fruitful has happened in converting the old vehicles in a phased manner to the new eco-friendly vehicles and still they are in the process of tender of purchasing new electricity vehicle and shifting of old vehicle of BS - VI Model.
96. They have not given any time line within which these things can be implemented. As per the previous order, we have directed not only the Bengaluru Metropolitan Transport Corporation (BMTC) but also the State of Karnataka to come with an action plan in this regard.
7. When this was pointed out, Sri. Darpan, the learned counsel appearing for the 1st respondent submitted that they will come with a proper action plan in this regard on the basis of the policy of the State Government as to how they are going to implement the clean and green fuel policy while introducing the new model vehicles in the place of old model vehicles which are plying in the state.
8. Even earlier in Varadaman Kaushik case, the Principle Bench of National Green Tribunal had directed the Delhi Government to change all the old public transport vehicles to clean and green fuel efficient vehicles or eco-friendly vehicles to curb the pollution on account of use of old motor vehicles in the area.
9. In the same decision, the Principal Bench of National Green Tribunal had directed the other State Governments also to implement the directions in a phased manner so as to make their States eco-friendly and pollution free.
1010. Inspite of that no effective steps have been taken by the Governments including the 1st respondent herein to implement that direction in the respective States.
11. There was already a direction by the Hon'ble Apex Court as well that after 01.04.2020, no BS-IV Vehicles should be registered and some relaxation has been made for purchasing BS-IV Vehicles only for public utility vehicles in respect of Corporations and other departments till that period and not for public transport system.
12. So considering the circumstances, we feel that some more time can be given to the Bengaluru Metropolitan Transport Corporation (BMTC) as well as the State of Karnataka to come with a proper action plan for changing the old vehicles in a phased manner as directed in Vardhaman Kaushik's case with clean and green fuel technology.
13. So, they are directed to submit an action plan with specific time line, instead of giving a vague time line within which it will be done with necessary budget provision.
14. They are directed to submit the report to this Tribunal on or before 24.11.2020 by e-filing along with necessary hard copies to be produced as per rules.
15. The learned counsel appearing for the Bengaluru Metropolitan Transport Corporation (BMTC) is directed to serve 11 the copy of the report submitted by them dated 23.09.2020 to other counsel appearing in this matter before the next hearing date.
16. The Registry is directed to communicate this order to the above said officials through e-mail immediately so as to enable them to comply with the direction.
17. For consideration of further action taken report, post on 24.11.2020.
.....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.183/2016 & I.A. No.21 to 23/2020, 24th September, 2020. Mn.
12