Case Title: Container Corporation of India Ltd v. Ajay Khera and ors
Case No: Civil Appeal No. 3798 of 2019
Decided on: 11th January, 2024
CORAM: THE HON’BLE MR. JUSTICE ABHAY S. OKA AND HON’BLE MR. JUSTICE PANKAJ MITHAL
Facts of the Case
A former Executive Director of the Central Warehousing Corporation initiated legal action by filing an original application with the National Green Tribunal (NGT), addressing concerns about pollution caused by the Inland Container Depot (ICD) at Tughlakabad. The applicant argued that the ICD, primarily used by trucks/trailers not destined for Delhi, contributed significantly to air pollution in the Delhi National Capital Region (NCR). The applicant proposed diverting truck/trailer traffic to other ICDs around Delhi to alleviate pollution.
The Container Corporation of India Ltd. (the appellant) contested the application, asserting that the ICD was strategically located to cater to Delhi’s needs without impacting residential areas. They highlighted the potential increase in pollution if cargo movement shifted from railways to roads.
The NGT issued interim orders and, through a March 8, 2019, order, directed the appellant to gradually transition diesel vehicles at the ICD to electric, hybrid, or CNG vehicles. Alternatively, the NGT suggested limiting the entry of diesel vehicles to satellite terminals (ICDs) outside Delhi, such as Dadri, Rewari, Ballabhgarh, Khatuawas, within six months. The NGT set an outer limit of six months for compliance and ordered the submission of an action plan within one month.
Issues
- The practicality of transitioning to CNG/electric/hybrid vehicles, as stipulated by the NGT in the contested order;
- Addressing the challenge of limiting and decreasing the entry of diesel vehicles not bound for the specified ICD and exploring the possibility of redirecting such vehicles to neighbouring ICDs;
- Dealing with the issues arising from congestion and insufficient parking facilities at Inland Container Depots (ICDs).
Court’s analysis and decision
The Supreme Court issued a directive instructing the Union of India to develop a comprehensive policy aimed at gradually discontinuing heavy-duty diesel vehicles and transitioning to vehicles compliant with Bharat Stage VI (BS VI) emissions standards. The Court set a deadline of six months for the formulation of this policy.
Additionally, the Court urged the Union to thoroughly assess the suggestions put forth by the Environment Pollution (Prevention and Control) Authority. This authority, established by the Court, is dedicated to enhancing the air quality in the Delhi-National Capital Region (NCR).
The Supreme Court, presided over by Justices Abhay S Oka and Pankaj Mithal, has mandated the ongoing exploration of alternative and more environmentally friendly sources for heavy-duty vehicles, such as Compressed Natural Gas (CNG), hybrid, and electric options. This directive emerged during the hearing of an appeal filed by the Container Corporation of India against the directives issued by the National Green Tribunal.
The case originated from concerns raised by a former executive at the Central Warehousing Corporation regarding pollution caused by heavy-duty diesel trailer trucks in and around Delhi. The National Green Tribunal had previously called for the implementation of an action plan to redirect such vehicles to depots in Dadri, Rewari, Ballabhgarh, or Khatuawas. In April 2019, the Supreme Court, while issuing a notice, directed that no coercive action be taken against depot operators and vehicle owners.
In its verdict, the Court expressed disagreement with the proposal put forth by the National Green Tribunal (NGT) suggesting the diversion of trucks destined for an Inland Container Depot (ICD) at Delhi’s Tughlakabad to ICDs located outside the National Capital Region (NCR).
Highlighting that the right to clean air is a universal entitlement and not exclusive to residents of Delhi, the bench stated:
“The NGT, among other observations, suggested the possibility of limiting the entry of diesel vehicles at the Tughlakabad ICD by rerouting them to ICDs at Dadri, Rewari, Ballabhgarh, Khatuawas, or any other ICD around Delhi to mitigate pollution in Delhi NCR. This suggestion seems to imply that only individuals residing in Delhi NCR have a claim to a pollution-free environment, neglecting the fact that citizens in other regions of the country also possess a fundamental right to an environment free from pollution, as safeguarded by Article 21 of the Constitution of India. Such a fundamental right is universally applicable and extends to all citizens, not confined solely to those residing in Delhi NCR.”
The Supreme Court further issued the following directives in the case:
Incorporating the Union Road Transport and Highways Ministry as a relevant party for requisite adherence, the Court emphasized the need to investigate alternative, less polluting options for heavy-duty vehicles. It also instructed the expeditious execution of recommendations provided by the consultancy firm KPMG concerning the parking of vehicles at container depots in the National Capital Region (NCR) within a period of six months.
Moreover, the Court mandated the development of a comprehensive plan for the efficient utilization of Inland Container Depots (ICDs) in the vicinity of Delhi, with a similar deadline of six months for its formulation and implementation.
The case remains active, and the Court will monitor the execution of its directives, scheduling the next hearing for July 31, 2024. The Union Road Transport and Highways Ministry have been specifically instructed to submit a compliance report by this date.
The directives issued by the Court are as follows:
- After reviewing recommendation 3.1 from the Environment Pollution (Prevention and Control) Authority (EPCA), the Union of India is directed to formulate a policy for the gradual phase-out of heavy-duty diesel vehicles, replacing them with Bharat Stage VI (BS-VI) vehicles. This policy should be developed within six months from the current date.
- Despite the Union of India being represented through the Ministry of Environment, Forest and Climate Change, the Ministry of Road Transport and Highways has not been formally included as a party. Consequently, the Court instructs the Registry to forward a copy of this order to the Secretary of the Ministry of Road Transport and Highways.
- The ongoing exploration of alternative, cleaner sources, including CNG/Hybrid/Electric, for heavy-duty vehicles is to continue.
- The appellant is directed to formulate a plan for the optimal utilization of Inland Container Depots (ICDs) around Delhi within six months, as per recommendation no. 3.2. Meanwhile, the appellant is tasked with coordinating with all relevant official agencies to facilitate the establishment of central laboratories near ICDs in the Delhi National Capital Region (NCR).
- The appellant is further directed to implement the recommendations put forth by consultancy firm KPMG in February 2021, aimed at improving the management of vehicle parking at the specified ICD. A grace period of six months is granted for the appellant to carry out the implementation of KPMG’s recommendations.
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Written by- Afshan Ahmad
