NEW DELHI: The Supreme Court has directed the Centre to frame a policy within six months to replace heavy-duty diesel vehicles and replace them with BS VI vehicles, observing that the right to clean air is not the entitlement of people living in Delhi alone.
"The issue of pollution, particularly air pollution, has been a cause of concern for the last few decades. Air pollution directly affects the fundamental rights of the citizens guaranteed under Article 21 of the Constitution of India.
The right to life guaranteed under Article 21 includes the right to live in a pollution-free environment. The issue of air pollution is of a great deal of importance to every citizen. Air pollution affects citizens' quality of life. It adversely affects health," the bench said.
Noting that as trucks and trailers with BS VI run on clean fuels, the Apex Court observed that the issue of air pollution is of a great deal of importance to every citizen.
The Top Court asked the Union to examine the recommendations made by the Environment Pollution (Prevention and Control) Authority, which has been set up by the Court to improve the air quality of Delhi-NCR.
A two-judge bench of the Apex Court, headed by Justice Abhay S Oka and also comprising Justice Pankaj Mithal passed a slew of directions keeping in view the increasing the level of air quality and to keep a check on the pollution.
It had asked the Union government's Ministry of Environment, Forest and Climate Change and the Ministry of Road Transport and Highways to explore finding better ways and means, including CNG, Hybrid or Electric, for the use of heavy-duty vehicles.
The Top Court asked the ministries to find better alternatives as it found the air quality index and pollution level at a very high level in Delhi-NCR.
"For the last few months, the air quality index in the said areas has been in the category of very unhealthy or hazardous," it said.
A concerned Apex Court observed this after keeping in view the level of increasing pollution and air quality index in Delhi-NCR.
The Apex court passed the order after hearing an appeal filed by the Container Corporation of India Ltd (CCIL) against the National Green Tribunal's March 8, 2019, order, which stated that the diesel vehicles should stop visiting the Inland Container Depot (ICD) at Tughlakabad in Delhi and shift to electric, hybrid and CNG vehicles in a phased manner.
Criticizing the NGT verdict, the top Court said that the Tribunal's orders were unjustified and unwarranted in restricting diesel vehicles in the national capital to control air pollution as if people living here are entitled to a pollution-free environment and not those living in other parts of the country.