1. Supreme Court upholds NGT order imposing ban on 15-year old vehicles in Delhi

Supreme Court upholds NGT order imposing ban on 15-year old vehicles in Delhi

The tribunal noted that diesel is prime source of air pollution in Delhi and the the situation is so alarming that people have been even advised to leave Delhi due to adverse effects on health.

By: | New Delhi | Updated: April 20, 2015 8:04 PM
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“Due to the increasing pollutants of air, the life of residents of NCR Delhi is becoming more vulnerable to various diseases and the greatest sufferers are young children,” NGT said. (Reuters)

The Supreme Court today rejected a plea against an order of the National Green Tribunal (NGT) banning all vehicles which are more than 15 years old from plying on Delhi roads.

“Let us assist them (NGT) and not discourage them,” a bench of Chief Justice H L Dattu and Justice Arun Mishra said while dismissing a plea filed by a lawyer seeking setting aside of the decision of the green panel.

The bench further said the NGT was “only repeating the orders passed by Constitutional courts (SC/HCs) in the past.”

“All vehicles, diesel or petrol, which are more than 15 years old shall not be permitted to ply on the roads and wherever such vehicles of this age are noticed, the concerned authorities shall take appropriate steps in accordance with law including seizure of the vehicles in accordance with the provisions of the Motor Vehicle Act.

“The vehicles which are more than 15 years old, will not be permitted to be parked in any public area and they shall be towed away and challenged by the police in accordance with law. This direction would be applicable to all vehicles without exception i.e. two wheelers, three wheelers, four wheelers, light vehicles and heavy vehicles irrespective of whether commercial or otherwise,” the NGT, in its November 26, 2014 order, had said.

Lawyer Vishaal Shripati Jogdand challenged the order in the apex court on various grounds including that the NGT had no jurisdiction to hear a case which was of the nature of a public interest litigation.

“Instead of age of the vehicles, the fitness of the vehicles can be and should be the criteria from stopping them from plying on roads,” Debasis Misra, appearing for Jogdand, said.

Even bringing CNG in 1997-98, did not result in reduction of air pollution and hence, an investigation be undertaken to find out the reasons for it, he said.

The bench, however, was not inclined to hear the plea in detail and dismissed it after a brief hearing.

Earlier, the NGT, besides banning 15-year-old diesel and petrol vehicles, had also said that no person shall be permitted to burn plastic or any other material in the open.

The NGT had also said that if any person is found to be burning plastic or any other material including tree leaves in the open, he would be liable to be proceeded against in accordance with law.

It had held that in all the markets in Delhi, “it shall be ensured tarred roads for regular traffic are not permitted to be used for parking thus causing avoidable congestion of traffic”.

It had also directed the Delhi government and others to create a web portal where an aggrieved person can upload the photographs depicting the pollution.

With an aim to reduce vehicular pollution, the NGT had also said, “Immediate steps will be taken by all the Respondents and concerned authorities to provide cycle tracks in Delhi and efforts should be made to encourage cycling in Delhi.”

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  1. J
    JEEVAN
    Oct 12, 2017 at 4:02 pm
    WHAT ABOUT TWO WHEEL
    Reply
    1. C
      channi
      Mar 9, 2016 at 9:02 am
      what to do with old vehicles. shall we park it outside home and create a junk yard in every colony. we cannot sell we cannot transfer and govt is not going to take it. lets not get into social effect atleast, Only engine has its age. why cant a person replace an engine (if fitness certificate cannot be issued, even if the vehicle is good maintained) and use a vehicle.
      Reply
      1. K
        Karan Kapoor
        May 18, 2015 at 12:40 am
        It is very unfair decision and it is taken without using brain .For example those cars which are less driven and in excellent condition.There are pollution check ups repair facilities then why such unfair decision
        Reply
        1. K
          Karan Kapoor
          May 18, 2015 at 12:47 am
          There are many vintage and very costly luxory cars that are taken care in authorised company outlets it's foolishness to put ban without giving explaination
          Reply
          1. K
            Karan Kapoor
            May 18, 2015 at 12:44 am
            word fitness of car is valuable and relevant because it exist and it's wrong decision.At least indian supreme Court should learn from developed countries like united states
            Reply
            1. G
              GOPI
              May 1, 2015 at 2:13 am
              ‘Maily Yamuna’ { 5000/- Fine for Throwing Puja Items into YAMUNA River. NGT Chairperson Justice Swatanter Kumar. 13th January, 2015 JUDGMENT } Esteemed Sir, Everyday, 42,000 kg flowers enter Delhi, which means 12 lac 60 thousand kg in a month and 1.51 lac 20 thousand in a year. Besides that, an equal amount of pooja materials such as derelict idols and images of Gods and Goddess, chunni, agarbatti and dhoop packets, coconut s, etc..But there is no account where do these flowers and other materials end up. More often than not, these ceremonial flowers and pooja samagries find their way into rivers. Clandestinely or brazenly people dispose of these flowers and other pooja materials into the rivers. This is one of the sources of polluting and choking Yamuna and other rivers. A pertinent question arises: • What happens to these flowers, after they get dried next day or in a few days? • Why do people throw these flowers into the rivers? I would like to bring to your kind notice that the pollution of rivers in India is a major cause of concern. Indian water-bodies get polluted due to various reasons. The chief cause of this pollution is the dumping of garbage which is produced by religious rituals in the form of garlands, statue figures of deities, paper, plastic, coconut husks, etc. This is also affecting the size of the river. Our NGO Youth Fraternity Foundation (YFF) has been working for the cause of cleaning of water-bodies for the last ten years in various parts of India. In order to reduce the pollution of rivers, YFF has formulated a project ‘Pushpanjali Parwaha Kalash’ which consists of (a) to collect flowers and other worship- material from temples, worship-shops, colonies; and, (b) to dump this material in a specific area from where it is sorted out in different piles like paper, flowers, plastic, coconut husks, etc. The biodegradable waste is turned into compost and the rest is recycled. With your support and cooperation, we would like to start pilot projects in Delhi for cleaning Puja ssmigri of the YAMUNA rivers. This will also generate income and employment for approx. 1,000 people all over Delhi. To provide employment to vulnerable and disadvantaged sections of society. We have solution. Kindly give us an opportunity. Yours faithfully, Gopi Dutt Aakash [ President :. YFFINDIA ]
              Reply
              1. R
                raaz pandey
                Sep 13, 2015 at 1:08 pm
                sir delhi me 10 yera old gadi band kr rahe ho to noc ke oder to de do nahi aam aamdi keya kre noc mil jayegi to sell kar sake ge gadi ko tbhi to delhi me gadi kam hogi
                Reply
                1. S
                  Shekhar
                  Sep 21, 2015 at 12:59 am
                  Somehow this agenda does not feels right, what if this is a propoa that is being created by the automobile lobby. The old vehicles will be taken of the streets of Delhi, now the people have to have a mode of transportation. Now i have read somewhere that the number of petrol vehicles older then 15 years is around 28 lakhs. Don't you think that is a pretty huge number even if 10 major automobile companies and other small companies share this number amongst them. And not to forget the huge amount of loans that will be given by insutions in the name of "convenience to customers", please remember those loans are not free of cost, insutes are lending money so they can earn money out of it. If the average cost of a vehicle is say 3 Lakhs then the total amount is 28 Lakhs multiplied by 3 lakhs i.e. 84,00,00,00,00,00 Rs. Can you even count the number of zeros ?? If the green tribunal just washing its hands off by saying that the pollution checking could not be implemented is just lame excuse. If the green tribunal is so much concerned then it should also be stopping 1000 of vehicles added per day on Delhi roads itself, which means 30,000 at least in a month and 3,60,000 at least in a year. Also where does the government think it will be disposing off 28 Lakhs vehicles? We don't have dump yards to dispose our daily s leave alone the mive 28 lakh petrol and additional diesel vehicle. Do we see another "vehicle s scam in making" And who will be profit from the decision not the common man like us but big automobile manufacturers and the automobile lobby.
                  Reply
                  1. T
                    t p
                    Apr 20, 2015 at 6:22 pm
                    Production of diesel version vehicles be banned & all existing one be overhauled annually by the authorised workshops at reasonable cost.
                    Reply
                    1. V
                      Vibhu
                      Apr 24, 2015 at 1:16 pm
                      If the government really wants to save the air of the capital it should ban the vehicles which have been driven more than 1 lakh km. have you ever seen the type of smoke those cars emit, its so difficult to stand next to them on a traffic signal and breathe as those poisonous gases are so toxic. and I am not just talking about the cars even the trucks and the buses that ply in delhi produce those toxic gases. ban them, get new dtc buses and trucks every 5 years if you want to make a difference because haring the public is not going to help the air quality.
                      Reply
                      1. V
                        Vibhu
                        Apr 24, 2015 at 1:14 pm
                        It is not fair to blame 15 year old vehicles for all the air pollution in delhi. A vehicle should not be deemed useless only on the basis of its age, its condition needs to be taken into account too. If the government closely monitored it would find that its not the 15 year old cars causing pollution but the diesel cars even 2 years old. Those are the culprit and need to be removed from the roads of delhi. Diesel vehicles be it private or public should be sed after 5 years to maintain the air quality in the capital. Diesel fuel should be banned in delhi, only petrol and cng vehicles should be allowed to ply in delhi.
                        Reply
                        1. V
                          Vibhu
                          Apr 24, 2015 at 1:16 pm
                          now since its all about air quality how come festivals like diwali and dushehra go unnoticed? are they not causing air pollution? why arn't crackers banned in delhi? is burning crackers and those wooden ravans loaded with horrible gas producing crackers not affecting the air quality? why are people allowed to burn wood on lohri? does that not cause pollution? has the officials of ngt ever tried to monitor the air quality of delhi after these festivals? the answer is NO. and you know why because the ngt officials care nothing about the air quality. they are just a bunch of people bent on haring the public. they claim that they are doing it all for the people but all they are doing is just acting like a bunch of spoiled rich brats who just want a law ped in their name as they asked for it and thats it. they don't care how it will affect the people. they say they want to minimize the vehicular pollution then tell me why 14000 new cars are added to delhi roads every day? why is that problem not checked? its all because people who don't have the money to buy a car can now buy it on emi and add more pollution to the city. you want this problem curbed increase the interest rate on emi and you will see the difference. even increase the road tax. if you increase the cost of owning a car then the people who don't have the money can't buy it and hence less vehicles on the road. so my message to ngt officials is that if you really want to help the capital maintain its air quality then stop acting like stubborn kids, grow up, get mature and focus on the real problems causing the toxic air and mend them. just banning a bunch of cars who have nothing to do with this issues is not gonna help. BAN DIESEL FUEL, BAN CRACKERS, BAN THE FESTIVALS that contribute way more to the toxic air than a bunch of 15 year old cars. to help the people first stop haring the people.
                          Reply
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