In a recent judgment, the Supreme Court of India has reinforced citizens' fundamental right to a pollution-free environment, as guaranteed by Article 21 of the Constitution. The case involved a plea to address the escalating air pollution crisis in Delhi and its surrounding areas, particularly attributed to heavy-duty diesel vehicles.
Justices Abhay S. Oka and Pankaj Mithal observed that the right to life, enshrined in Article 21, includes the right to live in a pollution-free environment. The court directed the Central Government to evaluate recommendations put forth by the Environment Pollution (Prevention and Control) Authority (EPCA) and formulate a policy to phase out heavy-duty diesel vehicles, replacing them with Bharat Stage VI (BS-VI) compliant vehicles.
An application was filed in the National Green Tribunal (NGT), drawing attention to pollution issues stemming from Inland Container Depots (ICD). These depots were being utilized by trucks and trailers not destined for Delhi, contributing significantly to the deteriorating air quality in the National Capital Region (NCR).
The NGT, in response to the plea, had issued an order to phase out diesel vehicles visiting the ICD and recommended a shift towards electric, hybrid, and compressed natural gas (CNG) vehicles. Another proposed solution was to limit the entry of diesel vehicles exclusively to satellite terminals. However, the Supreme Court emphasized that citizens outside Delhi NCR also have a fundamental right to a pollution-free environment, criticizing the NGT's observation as unjustified and unwarranted.
The court acknowledged the significance of Inland Container Depots in the transportation and logistics chain. Serving as containerized cargo handling hubs, these depots facilitate imports and exports by providing direct connectivity to seaports. They operate as intermodal terminals connected to ports through railway transport, offering services such as custom clearances, cargo aggregation, and storage.
After a thorough examination of various reports and submissions, the Supreme Court recognized the imperative to transition to cleaner fuels. However, it also noted the technological limitations for heavy-duty vehicles. The EPCA's recommendation to use BS-VI heavy-duty diesel vehicles, known for their significantly lower emissions compared to BS-IV counterparts, found resonance in the court's directives.
The court granted a six-month period to the Ministry of Road Transport and Highways to formulate a comprehensive policy for scrapping diesel vehicles and replacing them with BS-VI compliant ones. Simultaneously, the appellant was instructed to devise a comprehensive plan for optimal ICD utilization, coordinate with relevant authorities to extend lab services, and upgrade parking facilities within the stipulated time frame.
Solicitor General Tushar Mehta and Senior Advocate Pinaki Mishra represented the appellant, while Additional Solicitor General Aishwarya Bhati appeared for the respondents.
Case: Container Corporation of India Ltd. v. Ajay Khera & Ors,
CIVIL APPEAL NO. 3798 OF 2019.
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