Source: Supreme Court

Why in News?

Recently, a bench of Justices Abhay S Oka and Pankaj Mithal gave directions to Union of Indian to formulate a policy of phasing out heavy­ duty diesel vehicles and replacing them with BS­-VI vehicles.

• The Supreme Court gave the directions in the case of Container Corporation of India Ltd v. Ajay Khera and ors.

What is the Background of Container Corporation of India Ltd v. Ajay Khera and Ors?

• The first respondent filed the original application under Section 14, read with Section 15 and Section 18(1) of the National Green Tribunal Act, 2010 (NGT Act) and raised an important issue of the pollution created by the Inland Container Depot (ICD) at Tughlakabad.
  • It was alleged in the application that the said ICD is used by trucks/trailers not destined for Delhi and is used for delivery/pick up to and from locations outside Delhi.
• The first respondent pointed out that because of the inflow of a large number of trucks/trailers to the said ICD, the air pollution in Delhi NCR has substantially increased due to the emission from trucks/trailers.
  • He contended that there are other ICDs around Delhi, and therefore, it is quite possible to divert the inflow of trucks/trailers to the other ICDs around Delhi NCR.
  • Hence, the first respondent prayed for a direction to the appellant the Container Corporation of India Ltd. and the Railway Board to shift the operations of the said ICD at Tughlakabad which are not bound for Delhi to other locations outside Delhi.
• The second direction was to prohibit entry of containers/trailers at the said ICD, Tughlakabad, which are not bound for Delhi and only to utilize CNG run/battery operated Forklifts/empty Handlers and small vehicles, as also run electric trains rather than diesel locomotives in and out of the said ICD.
• NGT passed an order directing the appellant to ensure that, in a phased manner, diesel vehicles stop visiting the ICD and shift to electric, hybrid and CNG vehicles.
  • An appeal against the order of NGT was filed before SC where SC gave directions to Environment Pollution (Prevention and Control) Authority (EPCA) to look into the issues raised in the appeal and to file a report containing its recommendations.
  • Directions given by SC in this case are based on the recommendations made EPCA in its report submitted on 30^th June 2020.

What were the Court’s Observations?

• The SC observed that the NGT has inter alia observed that there is an option to restrict the entry of diesel vehicles in the said ICDs at Tughlakabad by diverting these vehicles to the ICDs at Dadri, Rewari, Ballabhgarh, Khatuawas or any other ICD around Delhi so as to control the pollution in Delhi NCR, as if only the people living in Delhi NCR alone are entitled to pollution free atmosphere and not those living in other parts of the country.
• Court further said that such an observation by the NGT is in complete ignorance of the fact that citizens living in other parts of the country other than Delhi NCR also have a fundamental right to a pollution free environment as guaranteed by Article 21 of the Constitution of India.
  • Such a fundamental right is equally enforceable by all and is not confined to the people of Delhi NCR.
• The court concluded that NGT while protecting/safeguarding the above fundamental rights of the people of Delhi NCR cannot allow infringement of the same fundamental right of the citizens living outside Delhi NCR.
• The SC finally held the observation of the NGT as totally unjustified and unwarranted.

What were the Directions Given by the Supreme Court?

• After examining recommendation, the Union of India shall formulate a policy of phasing out heavy-duty diesel vehicles and replacing them with BS­VI vehicles. The Union of India shall formulate appropriate policy on this behalf within six months from the date of order;
• Though the Union of India is a party in this case through the Ministry of Environment, Forest and Climate Change, the Ministry of Road Transport and Highways is not formally made a party.
  • The court therefore directed the Registry to forward a copy of this order to the Secretary of the Ministry of Road Transport and Highways.
• The process of exploring the possibility of finding better sources, including CNG/Hybrid/Electric, for the use of heavy-duty vehicles shall continue.
• The plan for optimal utilisation of ICDs around Delhi, in terms of recommendation no. 3.2 shall be formulated by the appellant within six months from the date of order.
  • In the meanwhile, the appellant will coordinate with all the official agencies to enable the setting up of central laboratories near ICDs around Delhi NCR;
• The court directed the appellant to implement the recommendations made by KPMG in February 2021 for improving the parking management of vehicles in the said ICD.
  • The court granted time of six months to the appellant to implement the recommendations of the KPMG.