Applying the brakes on diesel-run cabs in the National Capital Region (NCR), the Supreme Court on Saturday ordered that only taxis running on compressed natural gas will be allowed from May 1.
In a day-long special hearing convened on a weekend holiday disregarding objections raised by the Centre, a three-judge Bench led by Chief Justice of India T.S. Thakur said two extensions had already been given to taxi operators to shift from diesel to CNG in the larger effort to curb air pollution.
The Supreme Court on December 16, 2015 banned fresh registration of high-end cars with over 2000 CC engine capacity, continued with its October 2015 order to impose Environmental Compensation Cess (ECC) on commercial vehicles entering Delhi and ordered diesel taxis operating in NCR to shift to CNG. The omnibus order was based on a 1984 PIL filed by environmental activist and lawyer M.C. Mehta ringing the alarm bells on the untrammelled air pollution in Delhi.
The court had originally given taxis time till March 1, 2016 to effect the change-over. When this did not work, the apex court stretched the deadline to March 31. Finally, a last opportunity was given till April 30.
As cab operators protested that the order would be a roadblock and violate their right to earn a livelihood, the Supreme Court remained firm, saying they have no choice but to comply in the larger public interest and convert to CNG.
"We are not going to extend the deadline any further," Chief Justice Thakur said.
The apex court has already asked the government to make CNG more available in the NCR. The Centre had in a hearing on January 21, 2016 assured the apex court that 104 additional CNG stations would be in place in NCR by March 31, 2016. It had however claimed that 32 percent of the total CNG stock in the Capital lie unutilised despite a discount offer of Rs. 1.50 during off-beat hours.
The court scheduled the case on May 9 even as automobile giants like Mercedes, Toyota, Mahindra and General Motors continue to wait for some succour from the December 16 ban on fresh registration of luxury cars. The court had classified these powerful high-end diesel private cars and Sports Utility Vehicles (SUVs) as vehicles used by the “super-rich who want to show-off”.
However, the Delhi Police and the Delhi Jal Board (DJB) won some relief when the court allowed them to register their new diesel vehicles of 2000 CC engine capacity used for essential public services.
Additional Solicitor General Pinky Anand, appearing for the police, said 190 new heavy diesel vehicles would be used to transport undertrial prisoners, arms and ammunition and for police mobilisation during emergencies. The Bench allowed the plea, albeit that the police first pay 30 percent of the real value of the vehicles towards ECC.
But court exempted DJB from paying the cess for the reason that the 250 new tankers were meant to supply drinking water. Senior advocate Indira Jaising, for DJB, said the water authority has already phased out 270 of its tankers which were over 10 years old.
Municipal bodies in the NCR were however asked to approach the National Green Tribunal when they too sought exemption from the ban for heavy diesel vehicles used for carrying solid waste.
