National Green Tribunal
L.G.Saha Devan vs Union Of India on 29 May, 2019
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 586/2018
Earlier O.A. No. 422/2013 (SZ)
Shri L. G. Sahadevan, Chennai Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 29.05.2019
CORAM : HON'BLE. MR. S. P. WANGDI, JUDICIAL MEMBER
HON'BLE. MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s):
For Respondent (s): Ms. M. Sumathi, advocate for MoEF & CC
M/s Ramasubramaniam Associates for Respondent
No. 5 & 6
Mr. Kamlesh Kannan, advocate for Respondent No.
7to 9, 11 & 13
Mr. Abdul Saleem, advocate for TNPCB
ORDER
1. As noted in our order dated 25.01.2019, the anxiety expressed by the applicant in the application is with regard to air pollution caused by various automobiles namely rickshaw, share-autos, Metropolitan Transport Buses, and other commercial vehicles, such as tourists cabs, call taxis, and other public transport vehicles plying in the Chennai city and its urban agglomeration areas.
2. On 25.01.2019, we had expressed our view that it was necessary to undertake ground studies in respect the matter and accordingly directed the CPCB and the TNPCB to study the ambient air quality and identify the hot spots and source of pollution and to submit an action plan for mitigation. We had also directed the Committee to examine the viability of implementing use of CNGs in the vehicles. 1
3. Report has been filed in the form of affidavit by Tamil Nadu Pollution Control Board which has recorded the overall findings and conclusion of the team in page 6 to 8 of the report which reads as under:-
i. The ambient air quality data measured during present (March 2019) and 2014-2018 studies, the air quality is not that alarming level as compared to other metropolitan cities.
ii. The ambient air quality measurement made during 2014 to 2018 through online continuous measuring devices reveals that that particulate matter concentration (PM 2.5) found to be exceeded about 1 % to 9 % of the 24 hourly data with respect to 24 hourly average standard limits. iii. However, there is greater concern that the age old vehicles (>8-14 years) may contribute higher concentration of pollutants on coming days in addition to the emissions from mushroom growth of population, agglomeration of industrial growth and vehicular population. Particularly, there is threat to the health of the people of road users, public transport users, walkers, cyclists and living or working near the roadside who have most exposed to the high level concentration which is directly emitted from tail pipes of the vehicles.
iv. As there is no barrier between road and houses, the residents are subjected to expose to high level of noise and vibration due to moment of vehicles particularly in night hours. As such city is having 94 % of non-commercial vehicle and age old public buses may generate huge quantity of emission as the day's passes.
v. The fact that Intermediate Public Transport System (IPT) is having high demand in the cities as to cater the needs of the minimal distance travel. This coupled with frequent on and off of engines at every intermittent stoppage would contribute considerable emission in the atmosphere if the diesel or petrol is used rather than the cleaner fuel like CNG/LPG. The emissions emanated from domestic and commercial gensets using diesel may also be reduced by replacing/converting in to CNG.
vi. Alternate and cleaner fuels alone will not improve the air quality but through a combination of technical and non- technical measures, legislative reforms, institutional approaches and market-based instruments, road network by sharing of the limited space by pedestrians and non- motorized modes can be improved. Vehicle in India are often much older and considered ass outdated technologies in the developed world.
vii. The country has however taken a number of measures for the improvement of the air quality in the cities. These include, right from the improvement in the fuel quality, formulation of necessary legislation and enforcement of vehicle emission standards, improved traffic planning and management, etc. The non-technical measures taken include, awareness regarding the possible economic and health impacts of air pollution and available measures for improving air quality, increasing use of cleaner fuels and purchase of vehicles with an advance emission control devices, increasing institutional framework and capacity building for the monitoring of vehicle emission.2
viii. The important of alternate fuels that are considered as meeting the norms of the emission criteria include Natural Gas (CNG/LNG), Propane (LPG), Ethanol, Methanol, Electric fuel, Hydrogen, Di-methyl Ehter (DME), Fuel Cell and Solar fuels. Among these CNG seems to be widely available, ease to transport and store and cost effective. ix. It may be noted that there are about 23 LPG Bunks supplied by IOCL (8 bunks), BPCL (9 bunks) in Chennai City alone and about 106 retro fitments centres in Chennai City for converting in to LPG operated fuel supply engines. As per as LNG and CNG concerned. Tamil Nadu is a non- starter in use of LNG/CNG whereas the neighboring states have already started developing necessary infrastructure and use of CNG.
x. It is undisputed fact that vehicular emissions contribute major source of air pollution which need to be curtained to the maximum possible level adopting alternate clean and green fuels like CNG particularly in the urban centers. Development of adequate infrastructure, making available such fuels, role of such alternate fuels in mitigation of air pollution has to come from the government machinery itself. A concrete policy formation in this regard is one of the major expectations from the Government of Tamil Nadu.
4. For implementation of the aforesaid recommendations, it is necessary for the State of Tamil Nadu to prepare an action plan expeditiously considering the serious deleterious effect of the pollution caused by auto emission.
5. We find that recommendations, with particular reference to use of alternate fuels, to be in line with the directions issued by us in O.A. No. 21/2014: Vardhaman Kaushik vs. Union of India1. In that case the Tribunal has provided detailed guidelines which have been directed to be implemented.
6. The action plan to be prepared by the State of Tamil Nadu shall be made time specific by providing time lines for implementation of each of the components mentioned in the recommendations. Considering the magnitude of the work we grant two months time to the State of Tamil Nadu to prepare action plan and submit it to the Tribunal. 1 O.A No. 21/2014 Vardhaman Kaushik vs. Union of India 3
7. List this matter on 19th August, 2019.
S. P. Wangdi, JM K. Ramakrishnan, JM Dr. Nagin Nanda, EM May 29, 2019 O.A No. 586/2018 4