A decade-old diesel vehicles will now have to go off the roads with the National Green Tribunal on Thursday declining to lift its ban on them in Delhi-NCR, noting that emissions from diesel vehicles were carcinogenic.
The green panel said the Ministry of Heavy Industries and Public Enterprises has failed to prove that the use of 10-year-old vehicles will not be harmful to the health of people.
It also said that a report of the pollution monitoring body has declared that one new diesel car is equivalent to 24 petrol and 84 new CNG cars on road.
Ministry’s plea
Refusing to recall its order directing de-registration of old diesel vehicles, the green tribunal said the Ministry’s plea seeking modification of the NGT direction was not maintainable and liable to be rejected at the threshold.
A Bench headed by Justice Swatanter Kumar also junked the government’s plea on the ground that the Supreme Court has rejected similar appeals challenging the ban on vehicles and the orders passed by this Tribunal had reached their “logical end and finality.”
“Undisputedly, the applicant [Centre] had failed to substantiate before passing of the order dated April 7, 2015 that use of diesel vehicles of over 10 years will not be detrimental to the health of people and further failed to negate statistical information that the particulate matter level in vehicular emissions consequent to diesel as fuel was scientifically proved to be carcinogenic, leading to fatality and undetectable setback in health shortening the life span...,” the Bench said.
Referring to a report published by the Central Pollution Control Board, the green body said the use of diesel in vehicles was highly toxic and leads to untimely fatality.
‘Report speaks loudly’
“The report speaks loudly, that it is the most harmful of the exhaust emissions which release particulate emission, that is carcinogenic.
“The report declares one new diesel car is equivalent to 24 petrol cars and 84 new CNG cars on road,” the tribunal said.
The Bench which delivered the judgment also comprised Justices Jawad Rahim and R.S. Rathore and expert member B.S. Sajwan. The green panel refused to agree with the submission of the Ministry that its order banning 10-year-old diesel vehicles and directing it to be scrapped was in violation of the Motor Vehicle Act,1988.
It said that if in a given circumstance the government failed to discharge its statutory obligation, the tribunal cannot be a “silent spectator” and let the citizens suffer. “Undoubtedly, facts in this case are that despite the direction of Supreme Court to ensure clean air and improve the ambient air quality in Delhi-NCR, the State machinery has failed.
‘Centre, State failed’
“It is evident that the Centre and State failed to take such steps as are necessary including examining the ill-effect on the environment by use of diesel vehicles which are old and have impacted the air quality adversely, though the provision in Section 59 conferred discretion on the Central Government to specify age it has failed to exercise such power,” the Bench said.
It also said that the circumstances and material data regarding the consequences of degradation in ambient air quality had necessitated the NGT action. Rebutting the Centre’s argument that right to property guaranteed by the Constitution cannot be infringed by it, the NGT said the right is not absolute and subject to reasonable restrictions.
