Create law-abiding culture: HC to Centre, AAP govt on vehicular pollution

New Delhi: Create a law-abiding culture, the Delhi High Court has said while cautioning the Centre and the AAP government against issuance of pollution under control (PUC) certificates to polluting vehicles in the city.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also expressed concern over the agencies' failure to conduct 'random checks' on vehicular pollution in Delhi.

The bench said that it does not want any "special drive" to enforce pollution control rules for motor vehicles.

"We should strictly abide by the rules. We do not want a special drive," the bench said, adding that "random check is only done during a special drive of vehicle rationing".

"Create a culture that one should abide by the law," it added.

"The petitioner makes a serious complaint with regard to the vehicular pollution in Delhi as well as in the manner in which the certificates of compliance are issued. It is obvious that the same can be effectively regulated and ensured if the random checks were conducted in Delhi," the bench said.

To this Additional Delhi government Standing Counsel Gautam Narayan said that "effective steps in this regard shall be commenced at the earliest".

The court was hearing a plea by NGO 'Campaign for People Participation in Development Planning', which alleges that the rise in vehicle-generated air pollution in Delhi was due to "non-enforcement and non-implementation" of the 1988 Motor Vehicle Act, which prescribes punishment for driving a polluting vehicle.

The NGO's counsel Anil Aggarwal claimed that pollution tests carried out at the checking centres were a "sham" and the PUC certificates were being "casually issued" with the knowledge of the government and its agencies.

It has also asked the AAP government to file a status report with regard to the averments made in the NGO's plea within four weeks and listed the matter for further hearing on October 31.

The NGO's plea was filed in February 2016 when the second phase of the odd-even scheme road rationing was announced by the Delhi government, alleging that the government has "maliciously misdirected themselves" to cut the number of vehicles on road instead of enforcing pollution control rules.

The petition has claimed that such action also "impinges on fundamental rights of the people".