National Green Tribunal
Tsunami On Roads Through Dr Sanjay ... vs Ministry Of Road Transport And Highways on 17 January, 2025
Item No. 09 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 638/2024
Tsunami on Roads through
Dr. Sanjay Kulshresthra Applicant
Versus
Ministry of Road Transport and
Highways & Ors. Respondent(s)
Date of hearing: 17.01.2025
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Dr. Sanjay Kulshreshtha, Applicant in Person (Through VC)
Respondent: Mr. Gigi. C. George & Mr. Sunil Kumar, Advs. for M/o Roadways
Mr. Bharvi Thakur, Adv. for R - 3 (Through VC)
Mr. Jitendra Bharti, Mr. Mithilesh Kr. Jaiswal & Mr. Sarthak Arya, Advs.
for R - 4
ORDER
1. In this original application, applicant is seeking implementation of star rating system for all passenger vehicles based on fuel efficiency and CO2 emission. Said prayer has been made based on the plea that vehicular pollution is the most important contributory factor in air pollution and as per Ministry of Earth Sciences, vehicular pollution is responsible for 40% of such air pollution.
2. Applicant during the course of arguments has referred to draft Notification dated 7th January 2016 issued by Ministry of Road, Transport and Highways inviting objections for amendment of Central Motor Vehicle Rules, 1989 and introducing star rating system for vehicles. Submission of applicant is that in most of developed countries, such star rating system of vehicles has already been introduced and in 1 some of the developing countries like Thailand, Vietnam and Singapore, star rating system exists.
3. On 10.01.2025 when the matter was examined by Tribunal, we found that Energy Conservation Act, 2001 is not one of the statutes mentioned in Schedule-I of National Green Tribunal Act, 2010 (hereinafter referred to as "NGT Act, 2010") for enforcement whereof Tribunal may entertain an Original Application (hereinafter referred to as "OA") and, therefore, Applicant was given time, as requested, to prepare and address Tribunal on this issue.
4. Dr. Sanjay Kulshreshtha, Applicant is present by virtual mode and could not dispute that Energy Conservation Act, 2001 is not a statute which is within the purview of Tribunal. Since it is not one of the statutes mentioned in Schedule-I of NGT Act, 2010, therefore, the relief prayed for in this OA is not within the domain of Tribunal.
5. Application is accordingly dismissed, as not maintainable under Section 14 of NGT Act, 2010.
6. However, we make it clear that if any cause of action survives, it is open to Applicant to avail appropriate remedy in accordance with law.
Sudhir Agarwal, JM Dr. A. Senthil Vel, EM January 17, 2025 Original Application No. 638/2024 dv 2