It all began on Monday, when the CJI noting that Delhi’s pollution levels had touched alarming heights and even his grandson had begun wearing a mask, favoured imposition of pollution compensation tax on almost 60,000 vehicles that pass through the national Capital.
Advertisement
This is not the first time the court has passed such an order – successive local governments have failed to solve the problem.
The National Green Tribunal on Wednesday directed all commercial vehicles entering Delhi to pay an environmental compensation charge in addition to the toll tax.
“The Supreme Court should pass orders as somebody may go to a high court and get a stay on the order of the NGT after raising issues of jurisdiction of the green tribunal”. The bench said it wanted to have a look at it before issuing any further directions on the issue so that there is no duplication.
Senior advocate Mahalakshmi Pavani, appearing for the South Carolina women lawyers’ association, submitted that it was on their petition that the NGT passed its order. Moreover, it also doesn’t have the power to issue such general directions.
They fight bitterly to outsmart each other in politics but in the Supreme Court on Thursday, the governments led by Prime Minister Narendra Modi at the Centre and by Arvind Kejriwal in Delhi were on the same page on imposition of hefty fee on polluting trucks passing through Delhi.
The Bench of Chief Justice HL Dattu, Justices Arun Mishra and Adarsh K Goel will hear the proposals on Friday and directed Delhi’s bordering States of Uttar Pradesh and Haryana to also remain present during the hearing.
Heavy vehicles entering Delhi will have to pay Rs 500 to Rs 1000 as a compensation charge apart from the toll tax.
Appearing for the infants, who moved the court through their legal guardians, senior lawyer Kapil Sibal alleged that the Delhi government had Rs 387 crore to combat pollution, but at least 87 per cent of the funds lie unused.
India’s environment court earlier this year ordered a ban on diesel vehicles older than 10 years in Delhi, but the embargo has not yet been introduced.
Dispelling the court’s apprehensions that imposing the charge at the entry points may result in traffic jams, Salve noted that the Delhi Municipal Corporation was already collecting the toll at the notified entry points. The principle of environment law that polluter has to pay is now part of constitutional jurisprudence.
Such vehicles account for about a third of the city’s pollution.
Advertisement
The amount collected through this will be used to take pollution control measures and will be jointly spent by Central and Delhi Pollution Board.
