NGT leaves diesel vehicles ban order in Govt's court

Refusing to modify its earlier order banning plying of diesel vehicles which are older than ten years in Delhi-NCR, the National Green Tribunal (NGT), however, said on Wednesday that it was for the States to decide whether it should challan such vehicles or not. 

The tribunal also said the ban has been upheld by the Supreme Court and the NGT cannot go against the apex court’s decision. Ever since the tribunal gave its order on April 7, the Transport Department of Delhi has stopped issuing fitness certificates and re-registration of diesel vehicles older than ten years.

Appearing for the Ministry of Road Transport and Highways, Additional Solicitor General (ASG) Pinky Anand told the Bench that various truck operators were mulling a strike and protesting against the Governments of Delhi, Haryana and UP. Anand said this may hit essential services thus the Bench should consider revising its order.

While refusing to modify its April 7 order, the Bench headed by Justice Swatanter Kumar said, “We decline to vary our earlier order. However, till disposal of the application which is pending, it is for the State to challan diesel vehicles or not, so as to prevent complete non-supply of essential articles to the city of Delhi, as according to it, there is imminent threat to that.”

This means that while the NGT order stays as it is, the tribunal has given the freedom to the State Governments to decide on its implementation. 

Significantly, the tribunal had already allowed these vehicles to ply in Delhi till the application is pending in front of the Bench. So while the drive to impound and challan old diesel vehicles was stopped the Transport Department stopped, renewing their fitness certificates. That means that only those vehicles older than ten years could ply which have a valid fitness certificate. 

However, since commercial vehicles have to apply for fitness certificates every year and the Transport Department had stopped renewing them, more and more vehicles would have to be taken off the roads, or risk being challaned, once their certificate expired.

According to a senior official in the Transport Department, as long as the NGT order is not modified, the fitness certificate of old diesel vehicles will not be renewed. So even though they won’t be challaned they will be plying illegally, and will be liable to be challaned, like any other vehicle irrespective of its age if they are plying without a valid fitness certificate.Naveen Gupta, general secretary of All India Motor Transport Congress (AIMTC) said over one lakh trucks older than ten years ply in the Capital. “We had hoped for a positive order from the NGT soon. But week after week, month after month, we have been disappointed. We requested the State as well as Central Government to do something to protect the interests of transporters, but they have failed,” he said.

He added that due to the order, over a lakh truck drivers cannot work, so they have been deprived of their livelihood. “It’s a double whammy. One, they are not earning, and second they have to pay for parking their idle trucks because if they park them on the road, they are challaned. They are so helpless that they have started abandoning their trucks at borders as a form of protest. It is not a strike, but a voluntary action by these truck drivers who are left with no choice,” he said. 

AIMTC had threatened a strike at entry points of Delhi, UP and Haryana from Tuesday evening, in a bid to draw attention to their problems.

However, vehicles registered elsewhere can still get fitness certificates from their respective States and ply in Delhi if the State Government decides against challaning them on account of the NGT’s order.