The Supreme Court (SC) has refused to entertain a PIL seeking to enforce the “one car, one person” norm, and imposition of an environmental tax (in the form of cess) on the second vehicle of an owner, saying it was a policy matter to be dealt with by the government.

A Bench Chief Justice DY Chandrachud and Justice PS Narasimha said “The issues which are raised in the petition under Article 32 of the Constitution of India in the present case pertains to the policy domain. Hence, we are not inclined to entertain the petition”.

The Bench, however, gave liberty to the petitioner NGO ‘Tsunami on Roads’ to pursue its grievances before the authorities in accordance with law.

The NGO had sought directions to initiate an effective national programme against air pollution in order to get special attention, priority and better coordination among the states and the Centre, with a better utilisation of the budget.

The Prayer of the petition also included "Considering air pollution a Pan India disease in an epidemic form, Issue a writ of mandamus under Article 226 of constitution of India to direct the respondents to initiate an effective National Program against air pollution in order to get special attention, priority and better co ordination amongst States and Centre with better utilization of budget, etc."

The NGO also asked the Supreme Court to pass an order to health authorities to release some advisories for vulnerable class i.e. pregnant ladies regarding "what to do & what not to do" to safeguard themselves from air pollution.”

Case Details:-

Diary No. 32394-2021

TSUNAMI ON ROADS [REGISTERED NGO]

versus

UNION OF INDIA AND ORS