Concerned over the rising air pollution levels in Delhi, the Supreme Court on Friday passed a blanket ban on all courts and tribunals in the country from passing any orders that may come in the way of implementation of the Eastern and Western Peripheral corridor proposed ten years ago to decongest the Capital’s roads of heavy vehicles.
The SC gave four weeks to the project proponents and the Environment Pollution Control Authority (EPCA), the expert panel assisting the court, to suggest the deadline for phase-wise completion of the corridors, preferably by next year.
The order by the Green Bench headed by Chief Justice Hl Dattu came on a petition by senior advocate Harish Salve, who had moved an application as amicus curiae pointing to the worsening air quality of Delhi. Unlike coastal Mumbai, Delhi being a landlocked State was prone to pollution from neighbouring States getting trapped in its air. As on date the pollution level in the city had reached alarming proportions which needed time-bound decisions, he said, adding, “the city is on the brink of death.”
Realising the urgency, the Bench, also comprising Justices Arun Mishra and Adarsh Goel, said: “It is demonstrated before us the alarming level of pollution in Delhi. If these projects are completed the problem of pollution can be solved. litigation between the State and project proponents can go on but we need deadline to finish this.”
At present only 68 per cent work has been completed on the 135-kilometre long Western Expressway that extends from Kundli in Haryana to Palwal via Manesar.
This project is being built by Haryana Government through State-run Haryana State Industrial and Infrastructure Development Corporation (HSIIDC).
On the Eastern Expressway (135-km long) even the land acquisition process has not been completed. It is being built by National Highways Authority of India (NHAI) between Kundli and Palwal through Ghaziabad, Gautam Budh Nagar and Baghpat.
Regarding the Western Expressway, the court was informed that HSIIDC desired to withdraw and a new concessionaire was to take over. With regards to the Eastern Expressway, NHAI informed that bids were expected by December and work should commence shortly thereafter. As 50 per cent of the project cost was to be borne by the Delhi Government, followed by 25 per cent each from Haryana and UP, the NHAI complained that Delhi had not paid its due. The Delhi Government on the other hand complained that having contributed Rs 653.50 crore, it had yet to get any results.
Fearing further delay on account of litigation between the warring parties, the Bench ordered: “We make it clear that no court or tribunal including Arbitral Tribunal shall pass any orders coming in the way of implementation of project.” It ordered EPCA to file a fresh report in January indicating deadline for completion of projects.