National Green Tribunal
Vinay Shivanand Naik vs State Of Karnataka Dept. Of Transport ... on 3 September, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.9:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 183 of 2016 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Shri Vinay Shivanand Naik ... Applicant(s)
Versus
State of Karnataka & Ors. ...Respondent(s)
Date of hearing: 03.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. Jayakumar S Patil, Sr. Adv. along with
Mr. Anu Ganesan.
For Respondent(s): Mr. Rajat Jonathan Shaw represented
Mr. Darpan K.M. for R1.
Mr. R. Thirunavukarasu for R4.
Mr. D. Prasana represented
M/s. Giridhar and Sai for R7.
Mr. Meyyappan represented
Mrs. Me. Saraswathy for R9.
Mr. Bharadwaja Rama Subramaniam along with
Mr. Nalina Gouda for R11.
Page 1 of 20
ORDER
1. As per order dated 16.07.2021, this Tribunal had considered the previous order passed on 24.09.2020 which was extracted in Para 1 of the order and thereafter, considered the reply affidavit dated 14.07.2021, e-filed and received on 15.07.2021 submitted by the 3rd respondent to the written submission submitted by the applicant dated 27.05.2021 and extracted the same in Para 4 of the order and then, passed the following order:-
"8. It may be mentioned here that the matter is of the year 2016. As early as on 2014, the Principal Bench of National Green Tribunal has issued certain directions in respect of replacing the old diesel vehicles with new vehicles within a time frame in a phased manner in Vardhaman Kaushik case. Though it was related to Delhi region, but there was an observation that the same will have to be adopted by other States as well. Thereafter, the Hon'ble Apex Court also issued certain directions to the Government restricting the user of BS IV diesel vehicles upto 31.03.2020 and thereafter, there was a direction to shift over to BS-VI vehicles. The Motor Vehicles Department also issued directions in this regard on the basis of the policy decision taken by the Central Pollution Control Board. In spite of those aspects, the Transport Corporation is not coming with an action plan as to how they are going to replace the old vehicles with new vehicles.
9. Though the learned counsel appearing for the Transport Corporation has stated that they are taking steps for phasing out the BS III vehicles, they have not given any details regarding number of such vehicles which were phased out and what is the stage of steps that they have taken in this regard as well.
10.Though they have mentioned in the written submission submitted which was extracted above that they are going for electrical vehicles and also mentioned that as per the guidelines, BS
- VI diesel vehicles are less emission of pollution and environment friendly than the CNG vehicles, but, they have not mentioned anything about the steps taken by them for shifting over to the BS Page 2 of 20 VI vehicles and how much time they require for replacing the old vehicles to new vehicles as well.
11.If the Government of Karnataka as well as the Bengaluru Metropolitan Transport Corporation (BMTC) can furnish a concrete action plan, which they envisaged for the purpose of replacing the old diesel vehicles to new green and clean fuel vehicles with shorter time line, then this Tribunal can accept their action plan and pass appropriate orders giving direction to implement the same within the time line undertaking by them or to be fixed by this Tribunal. But unfortunately, such an exercise has not been done either by the State Government or by the Transport Corporation or other Government departments.
12.The Government owned Transport Corporation must be a model for implementing the Government Policy to ply environment friendly vehicles to avoid pollution.
13.The submission made in the written submission that the percentage of source of pollution on account of the user of their vehicles is very negligible and there are other sources of pollution available in the atmosphere is shocking and it cannot be a ground for the Transport Corporation to shirk their responsibility. It is a constitutional mandate to protect the environment as contemplated under Article 48 A of the Constitution of India. Further, providing clean environment as part of Right to Life is also a fundamental right to be provided by the Government to every citizens of the State as enshrined under Article 21 of the Constitution of India.
14.When these things were pointed out, the learned counsel appearing for the Bengaluru Metropolitan Transport Corporation (BMTC) as well as the State Government submitted that if short time is granted, they will be able to come with a clear action plan from the Government as well as from the Transport Corporation to replace the old vehicles with new model vehicles of environment friendly nature, so as to make the Bangalore City an environment friendly city. With a hope that they will fulfil the promise given before this Tribunal, so as to enable this Tribunal to dispose of the case in an effective manner, we feel that some more time can be granted to them for that purpose.
15.The State of Karnataka, Transport Department and also the Bengaluru Metropolitan Transport Corporation (BMTC) are directed to come with an action plan for replacing the old vehicles with new environment friendly vehicles with shorter time line in the Transport Corporation as well as in the Bangalore City.
16.The Central Pollution Control Board as well as the Karnataka State Pollution Control Board are also directed to come with further reports regarding the action taken by them for implementing the Central Government policy of clean and green Page 3 of 20 fuel in the State of Karnataka, especially in Bangalore City and also the direction given by the National Green Tribunal, Principal Bench, New Delhi in this regard.
17.They are directed to file their respective reports to this Tribunal on or before 26.08.2021 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.
18.The Registry is directed to communicate this order to the Chief Secretary, State of Karnataka, Principal Secretary for Environment and Transport and also to the official respondents including Central Pollution Control Board (CPCB), Karnataka State Pollution Control Board by e-mail immediately for their information and also to file their respective action plan as directed by this Tribunal within time frame fixed by this Tribunal."
2. The case was posted to 26.08.2021 for consideration of further action taken report. On 26.08.2021, it was adjourned to today by notification.
3. The Central Pollution Control Board has filed a Joint report on action taken to implement the Central Government Policy of Clean and Green Fuel, Bengaluru dated 24.08.2021, e-filed on the same day and received on 27.08.2021 which reads as follows:-
"Joint Report on Action Taken to Implement the Central Government Policy of Clean and Green Fuel in Bengaluru, Karnataka 1.0 Background In Original Application No. 183 of 2016 (SZ) in the matter of Sh Vinay Shivanand Naik Vs State of Karnataka & Ors. Hon'ble NGT, Southern Zone, Chennai issued directions to Bengaluru Metropolitan Transport Corporation (BMTC), State of Karnataka to come up with an action plan to implement the clean and green fuel policy. The Hon'ble Tribunal also referred to the earlier order of Vardhaman Kaushik Case before Hon'ble NGT, Principal Bench, Delhi regarding directions to the Delhi Government to change all Page 4 of 20 the old public transport vehicles to curb the pollution on account of use of old motor vehicle in the area.
2.0 NGT Directions Hon'ble NGT vide order dated 16.07.2021 mentioned that "11. If the Government of Karnataka as well as the Bengaluru Metropolitan Transport Corporation (BMTC) can furnish a concrete action plan, which they envisaged for the purpose of replacing the old diesel vehicles to new green and clean fuel vehicles with shorter time line, then this Tribunal can accept their action plan and pass appropriate orders giving direction to implement the same within the timeline undertaking by them or to be fixed by this Tribunal. ....
15. The State of Karnataka, Transport Department and also the Bengaluru Metropolitan Transport Corporation (BMTC) are directed to come with an action plan for replacing the old vehicles with new environment friendly vehicles with shorter timeline in the Transport Corporation as well as in the Bangalore City.
16. The Central Pollution Control Board as well as the Karnataka State Pollution Control Board are also directed to come with further reports regarding the action taken by them for implementing the Central Government Policy of clean and green fuel in the State of Karnataka, especially in Bangalore City and also the direction given by the National Green Tribunal, Principal Bench, New Delhi in this regard."
Copy of Hon'ble NGT Order appended as Annexure I. 3.0 Action Taken In compliance to the aforesaid order of Hon'ble NGT dated 16.07.2021, CPCB, RD, Bengaluru conducted a meeting through video conference on 10.08.2021 to discuss the status of implementation of the Hon'ble NGT directions with Bengaluru Metropolitan Transport Corporation (BMTC) and Karnataka State Pollution Control Board (KSPCB). BMTC explained the status of compliance of the Hon'ble NGT directions in the aforesaid order dated 16.07.2021. In the meeting, Karnataka SPCB was requested to arrange for the action plan with timelines for implementation of Page 5 of 20 Central Government Policy of Clean and Green Fuel in Bengaluru, Karnataka.
CPCB, RD, Bengaluru had a meeting to discuss the Action Plan with timelines submitted by BMTC on 17.08.2021 at Parisara Bhawan, Karnataka State Pollution Control Board, Head Quarter, Bengaluru.
4.0 Status of Compliance Bengaluru Metropolitan Transport Corporation (BMTC) vide letter no. BMTC/CO/ME/404/2020-21 dated 16.08.2021. It has been mentioned in the report that out of total 6512 buses, 3797 buses are of BSIV make. Whereas, remaining 2715 BS III buses will be replaced with Electrical and BSVI buses by 2024. The timelines for replacing 2715 BSIII buses as given by BMTC are provided below;
S.No Number of Time line Remarks
Old Vehicles to
be replaced with
Electric and BS
VI buses
1. 1033 BSIII buses 31.03.2022 All the BS III
buses will be
replaced
by Electric and
2. 550 BSIII buses 31.03.2023 BS VI make buses
only if funds are
provided by
Government
3. 650 BSIII buses 31.03.2024
of Karnataka for
purchase of new
buses and
4. 482 BSIII buses 31.03.2024 vehicles ply &
assured
kilometers are
achieved.
It was also mentioned that, out of 3797 BS IV buses, 2158 BS IV buses were newly purchased from 2017 onwards. Further, remaining 1639 old BS IV vehicles will be scrapped in phased manner as per the scrapping policy of Government of Karnataka Page 6 of 20 until the draft of the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 are notified.
BMTC has also mentioned about the emission checking procedures for the vehicles followed to keep a check on the emission levels below the permissible limit. Copy of the report provided by BMTC is appended as Annexure II.
5.0 Concluding Remarks The timelines for replacing the BS III vehicles to BS VI vehicles and scrappage of old vehicles provided by BMTC may be considered by the Hon'ble Tribunal. The emission standards for Bharat Stage VI (BS VI) for the vehicles manufactured on or after 1st April 2020 notified by the Ministry of Road Transport and Highways vide G.S.R. 889(E) dated 16th September, 2016 will be in place in Bengaluru, Karnataka with the induction of BS VI vehicles as agreed by BMTC."
4. The applicant filed rejoinder to the reply dated 15.07.2021 submitted by the State Departments dated 19.08.2021, e-filed on the same day and received on 24.08.2021 which reads as follows:-
"Rejoinder to the Reply Dated 15.07.2021 filed by the Respondent No.3, adopted by respondents No.2, 5 & 6 to the written submission of the applicant dated 27.05.2021.
The applicant most respectfully states as follows:
1) At the outset, it is submitted that the contents of the reply dated 15.07.2021 (Respondent No.3's reply) to the written submissions dated 27.05.2021 filed by the applicant ("Written submissions") are much the same as the Statement of Objections dated 05.01.2021 filed by the respondent no.3. Respondent Nos. 2,
5 and 6 have adopted respondent No.3's reply.
2) It is submitted that the respondents at Paragraph No.2, 3, 4, 6, 7, 8, 9, 13, 17 and 20 of the Respondent No.3's reply have baselessly contended that the arrival of BS-VI negates all previous Page 7 of 20 orders and directions, inter alia, issued by this Hon'ble Tribunal and the KSPCB.
3.) It is pertinent to note that the orders passed by KSPCB remains in effect and the Respondents are in contempt for not complying with the statutory orders/ directions.
4.) It is submitted that neither Dr. Bhure Lal's EPCA report nor the Auto Fuel Policy Expert Committee Report is lessened or negated by the introduction of BS-VI.
5.) At Paragraph 4 of Respondent No.3's reply, it is stated that the emission norms prescribed for BS-VI make diesel buses better in all respects when compared to BS-VI CNG buses, however, the Government impaneled expert committees along with notable domestic and international NGOs have disagreed to this inter alia on the ground that the norms prescribed for BS-VI are not maintained once in service.
6.) Additionally, a long-recognized Indian NGO in the air pollution field issued a report this year named "Policy Brief 2020-21 BS-VI leapfrog what more to do" explaining the serious issues with BS VI diesels maintaining certified emissions levels. Relevant portions of the report are as follows:
"Following the Volkswagen emissions fraud that shocked the world in 2015 and also sent ripples in India that led to the National Green Tribunal seeking penal action on the company. More assessment globally has shown how well known brands of diesel vehicles of reputed companies were found to be emitting several times higher NOx in the real world compared to the emissions measured and reported during certification. An assessment of emissions test results by the International Council on Clean Transportation (ICCT) in Europe found that real-world emissions from as much as 90 per cent of Euro VI vehicles exceeded standards by up to 12 times.
India's leapfrog to BS-VI emissions standards and its nationwide introduction on schedule despite the pandemic disruption is commendable. But global experience has also shown that only introduction of these new standards will not be adequate.Page 8 of 20
They will have to be implemented with stronger regulatory testing of real-world driving emissions to maximize emissions and health gains. If not addressed, this can create serious risks of uncontrolled emissions. India therefore needs to adopt the entire regulatory framework, including advanced testing procedures for monitoring real world emissions, WLTC and WLTP for type-approval of vehicles, in-service conformity and compliance strategies, emission disclosure and independent market surveillance among others. This will encourage industry to optimize the integration of overall engine technology approaches and emissions control systems for best results and improved on-road performance.
This trend is likely to continue to fan new wave of dieselization in India. This has implications for public health. The ICCT study has shown that exhaust from only on-road diesel vehicles is responsible for nearly half of the premature deaths worldwide. And two thirds of this is in India, France, Germany and Italy. Among the 100 major urban centers assessed for deaths related to the transport sector, Delhi ranks sixth. India needs to tame dieselization and ensure very stringent monitoring of real- world emissions and in service compliance."
A copy of this report is produced herewith as "Document No.1".
3.) The Respondents reiterate the same arguments that have been discredited for the last five years. Incorrect claims of better BS VI diesel emissions than CNG, alleged expert references to justify same by ignoring prescribed versus actual emissions levels, incorrect dissertations of BS-III norms in effect for Respondent 2 (KSRTC) and 3 (BMTC) in 2016. Per the Auto Fuel policy, BS-IV took effect in April 2010 for all vehicles registered in Bengaluru which are all the buses of Respondent No. 2 KSRTC and Respondent 3 BMTC, the claim that CNG being dangerous, unavailable and absent of infrastructure is false and contrary to the material on record.
4.) The Auto Fuel Policy Report of the Expert Committee, Government of India, dated May Page 9 of 20 2014 (petroleum.nic.in/docs/autopol.pdf) considered representation and input from all relevant departments, manufacturers, academia and NGO's. The AFP Report and the reports of Dr. Bhure Lal's EPCA were relied on by the Petitioner on technical issues. The Application Prayer specifically asks for non-engine-modifying retrofits to eliminate two potential retrofit problems; a) No confusion that diesel buses should NOT be retrofitted to CNG. It is submitted that the Diesel engines are compression ignited with no spark plugs, while CNG is a spark ignited engine requiring spark plugs. It is impossible to retrofit buses from diesel to CNG without engine modifications - thus, non-engine-modifying retrofits to eliminate any CNG retrofit confusion were incorporated into the Prayer; b) No new Type Approval is required on a non engine- modifying retrofit eliminating inordinate delay in implementation. Further, the Respondents have excluded trucks and leased route buses by stating "we have no trucks" and there are "no leased buses". Leased routes are private buses operating on public RTC routes per the terms of a fee based lease license from the State. There are thousands of buses in this category and many government owned diesel trucks within the State's many agencies that all fall under Respondent 1's responsibility.
5.) In Paragraph 14 of the Respondent No.3's reply, it is stated that that the applicant appears to be more interested to help the producers of CNG Retrofits. This is specifically denied by the Applicant. It is submitted that the Applicant does not have any interest whatsoever with regard to the producers of Retrofits and the Application Prayer does not advocate CNG retrofits in any way.
6.) In Paragraph 15 the Respondents state "the committee did not suggest that the retrofits must be fixed to use CNG as fuel in place of diesel". The Applicant agrees and must point out that the preferred action would be orders for the Respondents to scrap their roughly 14,500 non-BS-IV buses (Reference: RTI numbers) and immediately replace then all with CNG, LPG and | or electric buses in a few months and not use retrofits at all. Since that "scrapping action" is not feasible on several levels, and would cause political Page 10 of 20 and economic disruption, the Applicant adopted for its Prayer the recommended and proven "Retrofit, Refuel and Replace" formula used worldwide for reducing air pollution from diesel vehicles during a bridge or transition to new standards and emissions norms. By using non-engine-modifying retrofits as a bridge from diesel vehicles to new non-liquid, clean fuel vehicles, the public is not punished with disruption of service from scrapping orders and air pollution is meaningfully reduced during the long replacement cycle. A relevant portion of the Auto Fuel Policy Report of the Expert Committee on page xvii states as follows:
"Once an area is switched over entirely to BS IV fuel, the existing stock of commercial vehicles, especially heavy duty diesel units, should be directed to compulsorily get after-treatment devices... retro-fitted within two years, failing which their licence should not be renewed. The point has repeatedly been made in the course of the deliberations of the Committee that the vexed issue of pollutant stress on air quality and health cannot be addressed solely through improving fuel quality and emission norms."
7.) It is submitted that the most urban bus fleets worldwide use CNG, LPG and electric buses due to concern over diesel emissions, including Euro 6 diesels. CNG has a long history of safety and maintaining their in-use emissions levels over time The Environmental Pollution Control Authority (EPCA) is a Central Government constituted expert committee, chaired by Dr. Bhure Lal, formed in compliance with the Hon'ble Supreme Court's order dated January 07, 1998 in WP 13029/1985. The Ministry of Environment, Forests and Climate Change in 2016 re-constituted the EPCA, once again chaired by Dr. Bhure Lal, in compliance with the Hon'ble Supreme Court's order dated April 30, 2016. The reformation of this committee in 2016 and its findings in 2017 are current and not subject to the false and unfounded accusations of the Respondent that the Petition's data are outdated and irrelevant. The relevant portions of the Dr. Bhure Lal Committee Report dated February 01, 2017 are extracted hereinbelow. Copy of the report dated February 01, 2017 available at Page 11 of 20 http://www.epca.org.in/EPCA Reports 1999 1917/Reportno.65.pdf):
"4. Health impact of air pollution: Delhi is paying a very high price for its polluted air. Several global and national studies have already proven severe health risks from air pollution; a number of studies are also available in Delhi to provide local evidence.
"... This is not just Delhi's problem. As per the Global Burden of Disease (GBD) report released in 2013, air pollution is the fifth largest killer in India. The World Health Organization (WHO) has classified air pollution, including diesel emissions, as a Class 1 carcinogen, which is based on detailed and comprehensive evidence from global studies. Automobile companies contest this data, saying that this study, which confirms diesel particulates as carcinogen is based on older vehicle and emission technology.
However, this is not the case as the study establishes the carcinogenicity of diesel based on detailed global technologies and evidence. Also, as global evidence shows, modern diesel vehicles, Euro 6 have serious problems in meeting emission norms on roads"."
"c. Adopting a regional approach for common air-shed:
Over time, science has made it clear that local pollution cannot be solved without addressing the larger regional pollution."
A study by the Health Effects Institute, published recently in Environmental Health Perspectives, has found that particles from coal and diesel are more harmful than windblown dust, as they can lead to an increase in ischemic heart disease-related deaths. This suggests that we must prioritise the more harmful particulates for action". "The study has observed that vehicles are the most consistent and dominant source of pollution... To get the average levels down, therefore, the focus must remain on consistent sources such as vehicles".
"Transition to CNG... Dis-incentivize diesel because of toxicity and higher emissions... Make PUC stringent for in-use vehicles".Page 12 of 20
"Augmenting public transport, last-mile connectivity and car restraint... improvement in bus numbers and service".
8.) From the foregoing submissions, it is apparent that the claims and objections of the Respondents are baseless. The Respondents refuse to use CNG buses, yet the Karnataka Transport Ministry and KSPCB urges the public to convert their vehicles to CNG to reduce air pollution. That is precisely why the Hon'ble Supreme Court has held that "to begin with Government vehicles and public undertaking vehicles including public transport vehicles". It is submitted that it is the duty of the State to lead by example. The Auto Fuel Policy and The Motor Vehicle Act establish the place of registration as the basis for emissions norms enforcement, i.e. both KSRTC and BMTC registers their buses in Bengaluru, therefore they both fall under the major metro standards that took effect in April 2010.
9.) Although all the buses of Respondent No.2 are registered in Bengaluru, Respondent 2 (KSRTC) claims exemption from BS IV requirement. Respondent No.2' largest terminal is in central Bengaluru and there are a dozen more terminals / stands / pick up points within the Bengaluru. It is humbly submitted that since KSRTC buses are registered in Bengaluru, and therefore fall under major metro standards per the Motor Vehicle Act, they cannot be exempted from the major metro standards.
10.) In Paragraph 18 of the Respondents reply, the Respondents claim res judicata regarding this Application based upon orders of the Hon'ble High Court of Karnataka in the Suo Moto WP No. 39432 / 2013. They state, "It is submitted that directions issued by Karnataka Pollution Control Board (respondent No.4) was the subject matter of consideration by the Hon'ble High Court of Karnataka in W.P.No.39432/2013. The said writ petition is disposed off by Division Bench of Hon'ble High Court of Karnataka by order dated 01-07- 2015. Under the circumstances the applicant cannot think of projecting the orders of the Pollution Control Board in the present application." In Paragraph 10 of their Objections of January 2017, the Respondents refer to that High Court Order;
Page 13 of 20"and after hearing the parties, the said writ petition was disposed of by issuing directions to comply with the directions of the Pollution Control Board..." In Paragraph 44 of the same Objections; "The directions issued by the Hon'ble High Court of Karnataka are to be carried out by the State Government and its agencies". The Respondents, be it the road transport corporations or the State Government or any of its agencies or instrumentalities, must comply with Respondent No. 4's (KSPCB) statutory directives. In KSPCB's Reply to this Application, the above referenced directions were provided. They contain: Page 5 and 18; "To direct BMTC & KSRTC to convert to green fuel like CNG and draw a road map for implementation." Page 11; "The Managing Directors of BMTC and KSRTC were requested vide this office Letter No. CT/ENF 3/PR- 582/13-14 dt.2-9-2014 to use CNG fuel after the regular supply of the same to the Bangalore City." (Emphasis Supplied). It is humbly submitted that the availability of CNG has been a non-issue since a dedicated gas pipeline has been built from Dabhol to Bengaluru and this is confirmed in great detail in the Counter Affidavit dated April 11, 2017 of Respondent No. 11, GAIL Gas Limited. In fact, pursuant to the same suo moto public interest litigation initiated by the High Court of Karnataka, BMTC submitted to the Hon'ble High Court that "phased conversion of diesel-powered public transport vehicles to CNG vehicles is taken up seriously" ... "and it shall consider all the aspects of the matter of replacement of the entire fleet of buses in a phased manner and shall make an action plan with the timelines for the phased conversion". KSPCB has not withdrawn or rescinded its statutory directives; the Hon'ble High Court of Karnataka has not rescinded its order to follow the directions of KSPCB; Six years later, none of the Respondent's promises have been realized nor has there been any compliance with the KSPCB statutory Order.
11.) In Paragraphs 10 & 11 of the Respondents reply, the Respondent No.3 indicate numbers that do not add up. The RTI dated 27.05.2019 response received from BMTC stated that BMTC had 2,535 BS-III buses. However, in paragraph 11, BMTC lists Page 14 of 20 2,813 BS-III diesel buses. Additionally, in the same paragraph, the Respondents state no BS-I, BS-II or BS-III buses have been purchased since April 2010. The BS-III count grew by 278 buses in 2 years and that does not count any BS-III buses being scraped as they claim.
12.) In Paragraph 5 of Respondents reply, (BMTC) states that this Hon'ble Tribunal vide order dated 12.01.2017 permitted BMTC to purchase diesel vehicles of BS-IV make. This submission materially misrepresents the Order dated 12.01.2017 passed by this Hon'ble Tribunal while making an attempt to justify buying over twice the BS-IV buses contrary to this Hon'ble Tribunal's Order. The Order dated 12.01.2017 only permitted purchase of BS-IV buses to Karnataka State Road Transport Corporation subsidiaries for use outside of Bengaluru. BMTC was allowed to purchase 1,000 buses because of their undocumented claims that grant funds were expiring and would be permanently lost and it was an emergency. It is pertinent to note that no tenders for like equipped CNG buses or any CNG buses whatsoever were presented to show why BS-IV buses should be allowed instead of CNG. The Order specifically stated "It is made clear that the permission granted shall not be taken a ground to contend later that they need not switch over to CNG buses" which is the question to be decided in the main application. Similarly, before purchasing any additional buses, in addition to the BS IV norm buses now permitted, "BMTC shall take the Tribunal into confidence and satisfy why the CNG vehicles are not being chosen." The Respondents fails to offer any reasonable explanation as to why CNG vehicles are not being chosen. BMTC rejected the Gail Gas offer to make up the difference, if any, in pricing between CNG and diesel. Yet, without permission or consultation, BMTC has purchased BS-IV buses and BS-VI buses. The applicant humbly submits that Respondent 3, BMTC, is in contempt regarding this Hon'ble Tribunal's Orders and both Respondent 2 and Respondent 3 are in contempt of the KSPCB statutory orders. Thus, this Page 15 of 20 Hon'ble Tribunal may be pleased proceed to pass appropriate directions against the said respondents."
5. The State of Karnataka through Additional Commissioner for Transport (E&EG) filed an affidavit dated 25.08.2021, e-filed on 01.09.2021 and received on 02.09.2021 which reads as follows:-
"AFFIDAVIT I, J. Purushotham S/o K.N.Junjappa aged 49 years presently working as Additional commissioner for Transport (E & EG), do hereby solemnly affirm and swear on oath as follows:
1). I have been authorized by the State Government to file this affidavit on behalf of the State. I know the facts of this case being the Addl. Commissioner for Transport (Environment & e-
governance) for the Transport Department. Hence, I am filing this affidavit on behalf of the State.
2). I submit that the State Government has introduced various policies to promote and for implementation of Green Fuel to reduce the air pollution in Bangalore city and in the entire State by encouraging usage of Electric Vehicles by providing concession phase-wise.
3). Government of Karnataka issued notification dated 31.03.2016 in exercise of powers conferred by Sub-Section (1) of Section 16 of the Karnataka Motor Vehicle Taxation Act, 1957 (Karnataka Act 35 of 1957). In the said notification the Government exempts from payment of taxes on all electric vehicles i.e., Transport and non-Transport Vehicles including e-rickshaws and e-carts etc.., with effect from 01.04.2016 in the entire state of Karnataka. The copy of the said Notification dated 31.03.2016 is produced herewith and marked as Annexure-R1.
4). Government of Karnataka announced Karnataka Electric Vehicle and Energy Storage Policy 2017, by providing special tariff and commercially viable rates for installation of Electric Vehicles Charging Stations by excluding duty/tax on electricity tariff for Page 16 of 20 initial period of 5 years from the date of installation and also by providing incentives and concessions to encourage the usage of electric vehicles in the State. The copy of the said Policy is produced herewith and marked as Annexure R2.
5). Further, in the year 2018-19, the State Transport Department entered into an agreement with Bangalore Electricity Supply Company Limited (for short 'BESCOM') by executing Memorandum of Understanding ('MOU' for short and released Rs. 4.00 crores for installation of 100 AC charging Units and 26 DC Charging Units within Bangalore Metropolitan City. The copies of the G.Os dated 31.08.2018 and 22.02.2019 issued by the Government in connection with the aforesaid matter are produced herewith and marked as Annexures- R3 & R4 respectively.
6). I submit that the State Government issued Circular dated 14.02.2019, by imposing conditions for the purpose of issuance of permits/renewal of permits only if the transport motor vehicles are within 15 years from the date of registration and further such of those permit holders whose transport motor vehicle is 15 years were permitted to replace such old vehicles with the later model vehicles. But, the said circular has been set aside by the Hon'ble High Court of Karnataka by order dated 20.08.2019 passed in W. P. No. 21991/2019(MV) and connected matters on the ground that the State Government is not empowered to issue such circular by imposing condition and also permitted the State Government to frame appropriate rules by invoking sub-section (2) of Section 72 of the Motor Vehicles Act 1988. The copy of the order dated 20.08.2019 is produced herewith and marked as Annexure- R5.
7). I submit that the State Government has made budget provision of Rupees 100 crores to the Bangalore Metropolitan Transport Corporation ('BMTC' for short) for the year 2021-22, as a subsidy combined with the demand incentive to be provided by Government of India, Department of Heavy Industries, for operation of electric buses, under FAME-II Scheme, with an object to reduce the air pollution in Bangalore Metropolitan City, Page 17 of 20
8). I submit that the State Government introduced Electric Bike Taxi Scheme-2021 to implement clean and green fuel policy in the Bangalore Metropolitan City with an object of reducing the air pollution in the city and promoting environmental friendly solutions. The copy of the Electric Bike Taxi Scheme-2021 is produced herewith and marked as Annexure-R6.
9). I submit that the Central Government has issued Draft Notification dated 12.03.2021 for amending the Central Motor Vehicle Rules, 1989 ('CMV' Rules for short) by inserting Rule 52- A non-renewal of certificates of registration of Government Vehicles owned by the authorities hereunder mentioned after the lapse of 15 years from the date of registration:
a) Central Government and its Departments
b) State/Union Territory Government and their Departments.
c) Local Government Institutions namely, Municipal Corporations or Municipalities or Panchayaths.
d) State Transport Undertakings established under RTC Act, 1950 and Companies Act 1913.
e) Public Sector Undertakings.
f) Autonomous Bodies with Central and State Government.
After finalization of the aforesaid Notification, necessary action will be taken to replace the old vehicles by new vehicles to reduce the emission level. The copy of the draft notification is produced herewith and marked as Annexure-R7.
10). I submit that the Central Government has issued the Draft Notification dated 15.03.2021 for introducing the Motor Vehicles (Registration and Functions of Vehicle Scraping Facility) Rules, 2021. After finalization of the Notification necessary action will be taken to implement the same. The said notification is produced herewith and marked as Annexure-R8. In pursuance of the same, the Government has allocated the budget for the year 2021-22 that the "State government will take action to establish and manage Authorized Vehicle Scrapping Facility" in tune with the draft guidelines issued by the Central Government Page 18 of 20
11). Further it is submitted that in addition to the above schemes implemented by the State Government to reduce the air pollution in Bangalore city and entire Karnataka State. The Bangalore Metropolitan Transport Corporation Respondent No.3 is also filing Affidavit in compliance with the order of the Hon'ble Tribunal dated 16.07.2021 by submitting the action plan for replacing the old vehicles with new environmental friendly vehicles at Bangalore city may kindly be taken into consideration and dispose the application. The copy of the affidavit filed by the BMTC is also produced herewith and marked as Annexure-R9.
I, the deponent do hereby verify and declare that the contents of Paras 1 to 11 are true and correct, Annexures R1 to R9 are true copies of the originals to the best of my knowledge, information and belief."
6. The learned Senior Counsel appearing for the applicant submitted that he has not received the copy of the affidavit submitted on behalf of the State Department and he wants to go through the same and file their objection (if any) to the same, for which, he requested for some time.
7. The matter is of the year 2016. However, considering the circumstances, we feel that some time can be granted to the applicant to file their objection to the reply submitted by the State of Karnataka in this regard.
8. The applicant is directed to submit his objection (if any) to the reply submitted by the State of Karnataka as well as to the report of the Central Pollution Control Board on or before 20.09.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form Page 19 of 20 of Image PDF along with necessary hardcopies to be produced as per Rules and also by serving copies to the other side and get ready with matter for hearing on 24.09.2021.
9. For objections (if any) to the report and also for hearing, post on 24.09.2021.
Sd/-
.....................................J.M. (Justice K. Ramakrishnan) Sd/-
...............................E.M. (Dr. K. Satyagopal) O.A. No.183/2016 (SZ), 03rd September, 2021. Mn.
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