The Supreme Court recently expressed disappointment over National Green Tribunal’s suggestion to divert trucks heading to an Inland Container Depot (ICD) at Delhi’s Tughlakabad to ICD’s outside the National Capital Region. 

A bench comprising Justice Abhay S Oka and Justice Pankaj Mithal stated that the right to clean air is not the entitlement of people living in the national capital alone. The bench added that the suggestion to divert trucks to other ICDs was unjustified and unwarranted. 

The apex court mentioned that the National Green Tribunal has inter alia observed that there is an option to restrict the entry of diesel vehicles in the said ICDs at Tughlakabad by diverting these vehicles to the ICDs at Dadri, Rewari, Ballabhgarh, Khatuwas or any other ICs around Delhi so as to control pollution in Delhi NCR. The Court said that the suggestion appeared like only the people living in Delhi NCR alone are entitled to pollution free atmosphere and not those living in other parts of the country. 

The Court ruled that such an observation by the NGT is in complete ignorance of the fact that citizens living in other parts of the country other than Delhi NCR also have a fundamental right to a pollution free environment as guaranteed by Article 21 of the Indian Constitution. The Supreme Court underlined that such a fundamental right is equally enforceable by all and is not confined to the people of Delhi NCR. 

The observation follows in a case concerning pollution caused by heavy-duty diesel trailer trucks in and around Delhi. Earlier a former executive at the Central Warehousing Corporation approached the NGT raising grievance against the pollution caused due to the trucks coming to ICD at Tughlakabad. The former executive prayed that the vehicles entering the depot be diverted to those around Delhi-NCR and non-electric trucks/trailers/trains not bound for Delhi be prohibited from using the depot.

The NGT had then called for the formulation of an action plan to divert such vehicles to Dadri ( in Uttar Pradesh) Rewari and Ballabhgarh (both in Haryana), or Khatuawas ( in Rajasthan), leading to the appeals before the apex court.

The Supreme Court had also issued notice in the matter in April 2019 and ordered no coercive action against the depot operators and vehicle owners. The top court bench in its verdict made the Union Road Transport and Highways Ministry a party to the matter for necessary compliance.

The Central government has informed the Supreme Court on December 2 that a five-member task force has been constituted to curb the air pollution in Delhi NCR.

According to the affidavit, the Commission for Air Quality Management and Central Government has immediately taken steps to further augment the implementation of directions by the Commission with a view to achieve the desired results as improving the air quality.  

An Enforcement Task Force of five members has been constituted by the commission in the exercise of its statutory power, said the affidavit.

It is submitted that earlier the inspections were to be carried out by the Central Pollution Control Board, respective State Government, and their State Pollution Control Board/committee.  It is further submitted that now  17 flying squads are constituted which will directly report to the Enforcement Task Force of the Commission and the Enforcement Task Force itself will exercise powers of taking punitive and preventive measures against the non-compliant /  defaulting persons/entities.  

The enforcement task force will be headed by CAQM chairperson M.M. Kutty. CPCB chairman Tanmay Kumar, Vibha Dhawan DG TERI (The Energy and Resources Institute), N.K. Shukla, former chairman of Madhya Pradesh Pollution Control Board, Ashish Dhawan, CAQM NGO member, will be members of the Enforcement Task Force.

The number of Flying Squads would be increased to 40 in the next 24 hours.  The said Flying Squads have already started functioning from December 2, 2021 itself and have conducted surprise checks at 25 sites.  The Commission has further directed that industrial operations and processes in NCR, where gas is not available and the said industrial unit is not running on PNG or cleaner fuels shall be allowed to operate only up to 8 hours a day during weekdays and shall remain closed during Saturday and Sunday, the Central states.

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Further, the operation of thermal power plants within three hundred kilometers of the radius of Delhi shall continue to be regulated in terms of commissions latest order dated November 30, 2021, whereby, only five out of eleven thermal power plants, have been permitted to schedule their operations and the rest have been directed to remain inoperative till at-least December 15, 2021.  

The Union also apprised the Top Court that all schools and colleges in NCR shall remain closed till further orders, allowing only online mode of application except for the purpose of conducting examinations and laboratory practical, etc. and entry of trucks in Delhi shall not permit, except for CNG and electric trucks and trucks carrying essential commodities.

Earlier, the Supreme Court expressed deep anguish at the pollution levels not coming down despite the claims made by the Centre, Delhi Government, and the adjoining NCR states.

The Apex Court was hearing a matter related to construction in Delhi-NCR which was banned by the top court in view of the deteriorating air quality.