Frame Policy To Phase Out Heavy Duty Diesel Vehicles & Replace Them With BS-VI Vehicles : Supreme Court Directs Centre

The Supreme Court on Thursday (January 11) directed that the Union of India should formulate a policy of phasing out heavy-duty diesel vehicles and replacing them with BS VI vehicles. The policy should be framed within a period of six months from today.

The Court asked the Union to examine the recommendations made by the Environment Pollution(Prevention and Control) Authority, which has been set up by the Court to improve the air quality of Delhi-NCR.

The process of exploring the possibility of finding better sources, including CNG/Hybrid/Electric, for the use of heavy­duty vehicles shall continue, the Court directed.

A bench comprising Justices Abhay S Oka and Pankaj Mithal was hearing an appeal filed by the Container Corporation of India against the directions issued by the National Green Tribunal. The case originated from concerns about pollution caused by heavy-duty diesel trailer trucks in and around Delhi, brought forward by a former executive at the Central Warehousing Corporation. The NGT had called for an action plan to divert such vehicles to depots in Dadri, Rewari, Ballabhgarh, or Khatuawas. The Supreme Court, while issuing notice in April 2019, directed no coercive action against depot operators and vehicle owners.

In its judgment, the Court disapproved of the suggestion made by the National Green Tribunal (NGT)  that trucks heading to an Inland Container Depot (ICD) at Delhi's Tughlakabad be diverted to ICDs outside the National Capital Region (NCR).

Observing that the right to clean air is not the entitlement of people living in Delhi alone, the bench said :

"The NGT 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, Khatuawas or any other ICD around Delhi so as to control the pollution in Delhi NCR, as if only the people living in Delhi NCR alone are entitled to pollution free atmosphere and not those living in other parts of the country. 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 Constitution of India. Such a fundamental right is equally enforceable by all and is not confined to the people of Delhi NCR".

The Court also issued the following directions :

In the case, the Supreme Court made the Union Road Transport and Highways Ministry a party to the matter for necessary compliance. It urged authorities to explore less polluting heavy-duty vehicles and directed the implementation of recommendations by consultancy firm KPMG on parking of vehicles at container depots in NCR within six months.

Additionally, it mandated the formulation of a plan for optimal utilization of ICDs around Delhi within the same timeframe.

The case remains open for monitoring the implementation of these directives, with the next hearing scheduled for July 31, 2024. The Union Road Transport and Highways Ministry was directed to submit a compliance report by that date.  

The directions issued by the Court are :

a. After examining recommendation 3.1 (of EPCA), the Union of India shall formulate a policy of phasing out heavy­duty diesel vehicles and replacing them with BS­VI vehicles. The Union of India shall formulate appropriate policy on this behalf within six months from today;

b. Though the Union of India is a party through the Ministry of Environment, Forest and Climate Change, the Ministry of Road Transport and Highways is not formally made a party. We, therefore, direct the Registry to forward a copy of this order to the Secretary of the Ministry of Road Transport and Highways.

c. The process of exploring the possibility of finding better sources, including CNG/Hybrid/Electric, for the use of heavy­duty vehicles shall continue;

d. The plan for optimal utilisation of ICDs around Delhi, in terms of recommendation no. 3.2 shall be formulated by the appellant within six months from today. In the meanwhile, the appellant will coordinate with all the official agencies to enable the setting up of central laboratories near ICDs around Delhi NCR;

e. We direct the appellant to implement the recommendations made by KPMG in February 2021 for improving the parking management of vehicles in the said ICD. We grant time of six months to the appellant to implement the recommendations of the KPMG;

Case : Container Corporation of India Ltd vs Ajay Khera and ors

Citation : 2024 LiveLaw (SC) 31

Click here to read the judgment