The Supreme Court on Tuesday refused to lift the ban on registration of top-end diesel cars in Delhi-NCR asking its manufacturers to establish that the latest BS-IV diesel was less polluting than its petrol variant.
As Delhi is fighting all odds to rid its air of life-threatening levels of noxious gases such as nitrogen dioxide and particulate matter, the bench of Chief Justice TS Thakur, Justices AK Sikri and R Banumathi said, “Our decision proceeds on the basis that diesel is more polluting than other fuels such as petrol and CNG. You have to show that you are less polluting (than petrol). If you are found to pollute more then you are in trouble,” said the Bench.
A battery of senior lawyers, who represented the three major automobile companies - Toyota, Mercedes and Mahindra, led by senior advocates Kapil Sibal, Abhishek Manu Singhvi, argued that the pollution caused by the BS-IV diesel engine is 0.2 per cent as compared to BS-III grade diesel. “Prove that your vehicles are emitting oxygen,” the bench responded in a lighter vein, fixing the case for hearing on January 20.
Senior advocate Harish Salve, who is assisting the court as amicus, sought to dispel the diesel lobby’s arguments with a report prepared by the Court-appointed Environment Pollution Control Authority (EPCA) which showed that diesel contributed most to nitrogen dioxide and particulate matter. It further said that BS-IV diesel is seven times more harmful than BS-IV petrol and only with BS-VI grade diesel can the diesel emission standard become equal to present-day petrol.
While keeping the ban intact on fresh registration of diesel sedans and SUVs above 2000cc till the next date of hearing, the bench wondered whether the Government too had diesel cars in its official fleet. “Why should Government vehicles be diesel run,” the Bench wished to know from Solicitor General Ranjit Kumar, who appeared for Centre. The Court proposed that five to 10 year old diesel cars used by Government, public authorities and state instrumentalities need to be phased out.
Taking instructions on phone, SG informed the Bench that the Government was open to the suggestion of phasing out old diesel cars and replacing BS-III engines with retrofit engines in buses. However, he sought time to file an affidavit in this regard.
The court next turned its focus on taxis and cabs. By its earlier order of December 16, the Court had banned diesel cabs to run in Delhi. On Tuesday, the Court extended the order to taxis and cabs operating in NCR region. This would mean that no diesel taxis can operate upto Meerut in UP, Revari in Haryana, and Bharatpur-Alwar in Rajasthan.
Taxi operators represented in court by their lawyers expressed serious constraints saying switching over to CNG will not be practical. The taxi owners argued that unlike in Delhi, CNG pumps are hardly available in NCR and neighbouring States of Delhi. Salve dismissed such apprehensions by informing that on December 19, 2015, a meeting held by EPCA members with officials of Haryana, UP and MoPNG resolved the issue. The Centre assured 104 CNG stations will be set up in NCR. Solicitor General said that till date the proposal was stuck for want of allotment of land and quick approvals from State. The Court asked EPCA to follow up on this proposal.
As regards introduction of BS-VI fuel, the court asked the Centre to take instructions on whether the target of introducing BS-VI fuel by April 2020 can be advanced to 2017. Salve showed a letter written by Ministry of Petroleum and Natural Gas dated May 2015 recording Centre’s resolve to leapfrog from BS-IV to BS-VI. Solicitor General submitted that as per his instruction, till 2017, only BS-IV fuel can be made available across India for all category vehicles including two-wheelers.