In a significant move, the Supreme Court, on January 11, 2024, directed the Central government to formulate a policy aimed at replacing heavy-duty diesel vehicles with BS VI-compliant ones running on clean fuels. The court emphasized the critical importance of addressing air pollution, declaring it a matter of great significance for every citizen.
The apex court also criticized the National Green Tribunal (NGT) for making “totally unjustified and unwarranted observations” in its orders regarding the restriction of diesel vehicles in the national capital to combat air pollution. The court objected to the NGT’s perceived bias, suggesting that people in Delhi were entitled to a pollution-free environment while neglecting citizens in other parts of the country who equally have a fundamental right to a pollution-free environment under Article 21 of the Constitution.
The bench of Justices Abhay S Oka and Pankaj Mithal highlighted that the fundamental right to a pollution-free environment is enforceable by all citizens across the country, not confined to Delhi NCR alone. The NGT’s observation was deemed “totally unjustified and unwarranted” by the Supreme Court.
The court’s directives came in response to a civil appeal filed by the Container Corporation of India Ltd challenging the NGT’s March 8, 2019 directions to phase out diesel vehicles visiting the Inland Container Depot (ICD) at Tughlakabad in Delhi and shift to electric, hybrid, and CNG vehicles.
Recognizing the gravity of air pollution’s impact on citizens’ fundamental rights, the court emphasized the need for urgent action, especially in light of severe air pollution in Delhi NCT and Delhi NCR areas in recent years. The court acknowledged the health implications and adverse effects on the quality of life due to air pollution.
The Supreme Court accepted the recommendations of the Environment Pollution (Prevention and Control) Authority (EPCA) and directed the Union government to formulate a policy for phasing out heavy-duty diesel vehicles and replacing them with BS-VI vehicles within six months. The court also emphasized the exploration of alternative sources, including CNG, hybrid, and electric vehicles.
Additionally, the court directed the formulation of a plan for the optimal utilization of ICDs around Delhi within six months. It instructed the appellant to coordinate with official agencies to establish central laboratories near ICDs in the Delhi NCR region. The court mandated the implementation of recommendations made by KPMG in February 2021 for improving the parking management of vehicles in the ICD within six months.
The Supreme Court asserted its commitment to monitoring the implementation of these directives and scheduled a follow-up on July 31, 2024, for reporting compliance.
CASE NAME: Container Corporation of India Ltd. V. Ajay Khera & Ors
NAME: GAYATHRI MANOJ, BBA, LLB(HONS), PRESIDENCY UNIVERSITY, BANGALORE, INTERN UNDER LEGAL VIDHIYA.
