The Supreme Court at its special sitting on Saturday refused to extend the time limit for diesel taxis to change to CNG-fitted vehicles beyond April 30. As a result, from May 1 diesel taxis and diesel commercial vehicles used as taxis cannot ply in the National Capital Territory. The court had initially asked the diesel cab operators in the NCR to switch over to CNG by March 31, and that deadline was later extended to April 30.
A three-judge bench of Chief Justice T.S. Thakur and Justices R. Banumathi and A.K. Sikri also brushed aside objections and said the ban on registration of diesel vehicles above 2000 cc will continue in Delhi till further orders. With major car manufacturers strongly pleading for the ban to be lifted, the court made it clear to them that the ban would continue if they were not prepared to pay environment compensation cess (ECC) and opposed such a levy.
The bench, however, allowed the Delhi police to purchase 197 heavy-duty vehicles to be used for various activities, including VVIP security, but asked it to pay a 30 per cent environment compensation charge on the total cost of the vehicles.
The bench passed the order after additional solicitor-general Pinky Anand submitted that the vehicles were required for VVIP security and law and order purposes. The bench also allowed the Delhi Jal Board to purchase 250 vehicles to replace 240 vehicles which have been in service for more than 10 years.
Senior counsel A.M. Singhvi, representing the Society of Indian Automobile Manufacturers, submitted that diesel four-wheel passenger vehicles contributed only 1.5 per cent to air pollution in Delhi. He urged the court to vacate the December 2015 order banning sale and registration of diesel vehicles above 2000 cc. He submitted that the ban on new diesel cars would be counter-productive as the older versions pollute more. The main pollutants are petrol. Even CNG emissions resulted in high levels of NOx, which is a major cause of respiratory and other diseases.
He cited a study by IIT-Kanpur to support his arguments. Automobile manufacturers said use of diesel in cars helps improve the country’s energy security, balance of payments and India’s commitment to lower carbon footprints through lower CO2 emissions. Additional solicitor-general Maninder Singh submitted that the government is totally committed to a time-bound programme to clean the air. The CJI asked him: “What were you doing till now; you are waking up now. It affects everybody; are your people sitting in plush offices and only sipping coffee ”
The amicus curiae in his report highlighted various issues, including the need to direct that all taxis be converted to CNG; to double the environment compensatory surcharge to prevent vehicles passing through Delhi from entering the capital; to divert vehicles not meant for Delhi to alternate routes; and to not allow commercial vehicles registered prior to 2005 which do not comply with Euro-4 norms to enter the city. The bench posted the matter for further hearing on May 9.
