Putting its weight behind the National Green Tribunal (NGT) to clear Delhi air of pollution, the Supreme Court on Monday backed the Tribunal’s controversial decision to rid the Capital of all 15-year-old vehicles.
The Bench of Chief Justice Hl Dattu and Justice Arun Mishra dismissed a PIl filed by Vishal Shripati Jogdand that questioned the authority of the NGT to fix an age cap on non-polluting vehicles, an exercise that usurps the power of the Centre to determine the same under the Motor Vehicles Act.
The petitioner demanded a stay on the November 26, 2014 order of the NGT by which Transport Authority of Delhi was issued a diktat not to issue registration or fitness certificate to any car, two-wheeler or heavy vehicle that has completed 15 years of life. The challenge was on the ground that the NGT cannot determine the age of polluting vehicles when this task is given to the Centre under a Parliament-enacted law.
Pointing to far-reaching advances in automobile technology, the petitioner argued that a 15-year-old diesel car can be in good working condition if it is maintained well.
Convinced that the order was in the right direction, the Bench said, “The tribunal is only repeating the orders passed by Constitutional courts…It is trying to do something which is good for people. let us assist them and not discourage them.”
The backing by the apex court has come at a time when the NGT has put on hold its direction imposing ban on plying of more than 10-year-old diesel vehicles in Delhi. ON April 13, the NGT suspended its order for a period of two weeks following the hue and cry over its order resulting in impounding of vehicles. By the next date, the Delhi Government will suggest to the Tribunal the possible age cap on vehicles running on petrol/diesel and an outer limit on registration of vehicles in the city.