

The proposal to impose pollution tax on trucks entering Delhi united uncommon allies — the Centre and the Delhi Government — to shed differences and approve an added tax burden of Rs700 and Rs1,300 to be laden on Delhi-bound light commercial vehicles and heavy trucks respectively, the proceeds of which will go into Delhi Government’s coffers.
The Supreme Court on Friday approved the mutually agreeable scheme but said that an order to this effect will be passed on Monday. Although objections were raised by Haryana and Uttar Pradesh, the Bench comprising Chief Justice Hl Dattu, Justices Arun Mishra and Adarsh Goel made it clear that such an order was “need of the hour”.
The scheme will initially be implemented on a trial basis for four months following which the court will consider any inconveniences experienced by the States or truck unions requiring further modification to the scheme. The order passed on Monday will override previous orders passed by National Green Tribunal (NGT) or any other High Court, the Bench indicated.
Both the Centre through Solicitor General Ranjit Kumar and the Delhi Government through senior advocate Dushyant Dave had discussed the scheme, which was presented to the court by amicus curiae and senior advocate Harish Salve.
While the tax known as environment compensation charge will be a big factor to dissuade trucks from entering city roads, the two Governments agreed that ambulances, passenger buses and vans, and vehicles carrying essential items and foodstuff for delivery in the Capital should be exempted from paying the additional tax.
Salve explained that huge billboards will be installed in Haryana, Rajasthan and UP declaring to the trucks and commercial vehicles to pay the extra sum in order to transit Delhi.
These billboards will be so placed that will allow such vehicles to make an alternate exit and continue on their onward path avoiding Delhi.
There are 127 entry points for Delhi. To make the pollution tax successful and hassle-free, both civic bodies and Delhi Transport Department will obtain radio frequency chips to be fitted on the trucks which automatically deduct the amount while crossing the toll booth. This addressed the issue of possible snarls at Delhi’s border gates. In addition there will be CCTVs installed to monitor the process.
In the first phase, the Delhi Government has agreed to install radio frequency chips at nine entry points by next month and cover the remaining points by January 2016. The charges will be handled by the Delhi Government that will receive payments from toll collection agents every week and keep audited accounts of the same, Salve said. The money would be used to operate public transport in the city, he added.
While both the Delhi Government and the Centre wanted the scheme to be implemented by way of a Court order, the bench headed by CJI indicated that its order on Monday will direct the Delhi Government to issue a notification imposing the environment compensation charge. “This order will override all other orders by any Tribunal or Court. We will run it on a trial basis for four months and thereafter if there is inconvenience we will examine it,” said the Bench. In addition, it added that in its Monday order it will make provision that no court will entertain any challenge to Delhi Government’s notification issued in this regard.