NEW DELHI, May 9: The Supreme Court today hinted that it may consider relaxing its order banning registration of new diesel luxury cars and SUVs with an engine capacity of over 2000 cc in Delhi and National Capital Region.
“Primarily, we are of the view that diesel vehicles cause more pollution than other vehicles. We may be right, we may be wrong. We are open to modifying it,” a bench comprising Chief Justice T S Thakur said.
The court also asked Delhi Government, Environment Pollution Control Authority and taxi owners association to give a concrete road map for phasing out diesel taxis from NCR.
The apex court also indicated that all diesel cars, depending on their price and engine capacity, must pay one-time environment cess which would be determined after deliberations.
“We may start a symbolic cess on any person who is buying a diesel vehicle which would be a one-time cess. What should be the scale, price, engine capacity is the thing to be deliberated upon. There has to be a rational basis to decide that,” the bench, also comprising Justices R Banumathi and A K Sikri, said.
The observation came after Solicitor General Ranjit Kumar said that diesel was not the only “evil” responsible for the pollution and other fuels like CNG and petrol also pollute the environment.
He said that petrol emits carbon monoxide, CNG vehicles release oxides of nitrogen while diesel emits particulate matters all of which are polluting agents.
He further said the Centre has initiated “Make-in-India” policy and automobile sector cannot be held responsible for pollution.
“If any automobile manufacturer is carrying out his business as per laws of the country, then putting any restrictions beyond those in law would not help in any way. Manufacturers cannot be held responsible for pollution in the environment,” he said.
Referring to the 2015 IIT-Kanpur study, the Solicitor General said that other sources of pollution like dust, stubble burning etc cannot be undermined which contribute significantly to the pollution in the environment.
The Solicitor General said there are emission standards specified under Motor Vehicles Rules. Elaborating on the steps taken by the union Government to reduce pollution, he said the Centre has imposed a ban on 15-year-old petrol vehicles besides a ban on 10-year-old diesel vehicles.
“We have also enforced the ban on registration of new diesel luxury cars and SUVs with an engine capacity of over 2000 cc. A notification was also issued in December 2015 declaring a ban on burning of stubble,” he said.
The bench then asked “how are you enforcing these rules? Laws are there but the real problem is of enforcement. Ban is imposed in Delhi. What have you done to enforce similar ban in Uttar Pradesh, Haryana, Rajasthan etc. You always say that you have launched a drive. Why don’t you enforce ban in these areas?
“There is a problem of enforcement in this country. As a Central Government, what is your concern that you have for pollution? The reduction in stubble burning is not because of you, it is because there is no stubble. Have you prosecuted people for stubble burning? Why did you not issue a notification on stubble before December last year,” the bench said.
Senior advocate Kapil Sibal, appearing for IT industry body National Association of Software and Services Companies (NASSCOM), told the court that restriction on plying of diesel run taxis in Delhi and NCR has crippled the transportation of BPO staff as there is paucity of cabs.
Sibal said the order has crippled their business and he requested the court to allow cabs that ferry BPO employees to be exempted from the ban order.
“Our global business will suffer. Lift the ban temporarily and give us some time. Otherwise, the whole business will go outside the country,” he said adding the sector employees of 2,50,000 people in NCR are ferried mostly by diesel cabs.
Sibal said that a large percentage of woman employees are picked and dropped by these taxis and the ban order would result in stopping of the whole system. He also expressed concern over the safety of women.
Sibal, also appearing for Toyota, opposed the ban on the registration of new diesel luxury cars and SUVs with an engine capacity of over 2000 cc and argued that engine capacity has nothing to do with the pollution caused by the vehicles.
He said that Toyota’s Innova model meets the requirement of smaller vehicles and scientifically it does not cause as much pollution caused by other vehicles of same engine capacity.
To this the bench said “is it based on any admitted data? What is the scientific backing of data you are referring to? Is it supported by any material? There has to be some basis. Who has certified your reports that you are referring to?
Sibal replied that it has been backed by Pune-based Institute of Automotive Research Association of India.
Senior advocate A M Singhvi, appearing for automobile manufactures, said that no law in the country exists which bans diesel vehicles in any form. He said the automobile sector is one of the biggest contributors to FDI in the country and employs a large chunk of people.
He suggested that there should be a ban on all pre BS-II vehicles and there should be a color-coded sticker pasted on windshield showing details of registration of the car along with pollution-complying information.
Singhvi also advocated installation of vapor recovery systems at petrol pumps to reduce the release of pollutants in the atmosphere.
The apex court had on May 3 given two days time to Delhi Government to file a detailed plan on phasing out diesel taxis from the city after it had moved the court seeking the same.
The AAP Government had said that in the wake of the Supreme Court’s order around 30,000 diesel taxis have stopped plying in the national capital which is causing inconvenience to the common people and creating a law and order situation.
The bench had then said that whenever such decisions are taken, inconvenience is bound to be caused to people.
The Supreme Court had on April 30 refused to extend the deadline for conversion of diesel taxis into less-polluting CNG mode.
The court had on December 16 last year considered the contention of senior advocate Harish Salve, who is assisting the court as amicus curiae, that all diesel taxis be shifted to CNG fuel within a reasonable time but not later than March 1, 2016. (PTI)
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