As confusion and chaos mounted in the national Capital over the National Green Tribunal’s (NGT) order banning plying of diesel vehicles older than ten years in Delhi and the National Capital Region (NCR), the tribunal on Friday went a step further in enforcing its controversial diktat by rejecting the Delhi Government’s plea to exclude essential services like fire, ambulance and jail vans from the purview of the ban.
A Bench headed by NGT Chairperson Justice Swatanter Kumar on Friday rejected the Government’s plea to grant it six months to implement the ban order on these services. However, it allowed the Delhi Government to move a “data-backed” petition on the issue.
The tribunal also passed a slew of directions with regard to the real estate sector and ordered builders in the NCR to stop all construction activities by Saturday if they had not implemented the environmental guidelines laid down by the Government in 2010.
The NGT’s earlier order on old diesel vehicles will deal a body blow to life-saving and essential services as most of the ambulances, fire engines, garbage trucks, tankers of Delhi Jal Board (DJB), Delhi Milk Scheme (DMS) and even privately-owned tankers fall in the NGT’s banned category.
“Old vehicles like Maruti vans which are still used as ambulances, trucks carrying grains, fruits and vegetables, old milk tankers and vans used to impart a sizeable amount of essential services will be hit by this decision,” said a city Government official.
During the hearing, senior advocate Pinaki Misra, appearing for Delhi Government, urged the tribunal to relax the ban for Government and contractual vehicles engaged in providing essential services like fire tenders, ambulances and jail vans.
Arguing before the panel, Misra said: “Many essential services are being provided by Government vehicles which are more than ten-years-old. Summer is coming and the DJB tankers would be carrying water to areas where there is a shortage. The Delhi Milk Scheme, different Municipal Corporations, Delhi fire and ambulance services, fair price shops etc., all these services will get hampered.” The Bench shot back and asked: “Why don’t you substitute the old vehicles with new onesIJ”
Misra pleaded for a “little more time” and said the “Government is showing intent. A six-month window will give us enough time to phase out the vehicles. But if we don’t start challaning or penalizing vehicles, we will be in contempt of the tribunal.”
“The mere fact that concern has arisen is indicator enough. We are not going to relax anything. We are not oblivious to the fact that implementation of such an order has its own effects,” the Bench said.
“We are going to analyse everything. We are not going to change our orders today. Kindly move a data-based application and then come before us. Our order will stand as it is. Bring appropriate data to show how this order can be implemented better,” the Bench said.
On April 7, the green panel had held that all diesel vehicles which are more than ten-years-old would not be permitted to ply in Delhi NCR. Noting that diesel was the prime source of air pollution in Delhi, the tribunal had said the situation was so alarming that people have even been medically advised to leave Delhi due to adverse effects of the pollution on their health.
Misra also submitted that Chief Minister Arvind Kejriwal was “personally dealing” with the matter and the Government has a “bona fide intent” to deal with the issue of rising air pollution. To which the Bench said: “We understand. let the message be conveyed to the public that ten-year-old diesel vehicles will not be allowed on the roads. Move a proper application, we will regulate.”
In another significant order, the NGT also directed builders in the Delhi NCR to stop all construction activities by Saturday if they had not implemented the green guidelines laid down by the Environment Ministry in 2010.
“By tomorrow all builders who have not taken all the precautions under MoEF 2010 guidelines, their work must be stopped,” the NGT Bench headed by Justice Kumar said. The guidelines pertain specifically to checking pollution during construction activities and the precautions that need to be taken by the builders.
Noting that Delhi Metro Rail Corporation was carrying out massive construction work, the NGT said: “They are required to ensure preventive steps to check air pollution.”
Cracking the whip on the real estate sector, the NGT passed a slew of directions to check air pollution caused by dust emanating from construction sites in the Delhi NCR as it made wearing of masks by construction workers mandatory.
“Every worker working on the construction site or engaged in loading and unloading of building materials shall be provided with masks and the owner or builder will be under obligation to provide them so,” the Bench said.
Justice Kumar said that any developer, if found violating the orders, shall be liable to pay a fine of Rs 50,000.
The green Bench held that “all corporations, authority or instrumentality of state vested with the power of sanctioning a plan, drawings for
construction for any commercial, residential or construction of any small plots would impose a clear condition that sanction of plan is subject to strictly compliance of the MoEF 2010 guidelines on raising construction”.
“Such authorities shall forthwith issue notices to all the builders raising any kind of construction to comply with the guidelines,” the Bench said.
It also directed every builder and owner to put tarpaulin sheets around area of construction and said no person including builder and owner would be permitted to throw construction material particularly sand on the roads or inside colonies.
“Construction material of any kind that is stored at the building site will be properly covered so that it does not disperse through air. All construction material and debris shall be carried in trucks or vehicles which are fully covered.
“Dust emissions from construction sites will be completely controlled by all authorities and the vehicles used for transportation of building material shall be properly cleaned before it is permitted to ply on the roads,” the Bench said while asking the builders to plant trees in large numbers to create a green belt.
The tribunal also directed all authorities concerned to take appropriate measures to ensure that all these directions as well as its earlier directions are complied with.