Case Title: Container Corporation of India Ltd. Vs Ajay Khera & Ors
Case No: CIVIL APPEAL NO. 3798 OF 2019
Decided on: 09.01.2024
Coram: The Hon’ble Mr. Justice Abhay S. Oka
Facts of the Case
A former executive alleges the Tughlakabad Inland Container Depot (ICD) pollutes Delhi by accommodating non-Delhi bound trucks.
They petitioned the National Green Tribunal to:
- Move non-Delhi operations elsewhere and
- Restrict entry to Delhi-bound vehicles and implement cleaner technologies.
The Container Corporation contested, arguing shifting operations would worsen pollution by increasing road transport, and the ICD’s location serves Delhi well. The NGT ultimately ordered a phased shift to cleaner vehicles with deadlines, offering an alternative of limiting entry to satellite terminals around Delhi. This decision aimed to reduce air pollution within Delhi NCR.
In response to the Tughlakabad ICD pollution case, the Supreme Court initially stayed the NGT’s order and directed the involvement of the Environmental Pollution (Prevention and Control) Authority (EPCA) to find solutions. EPCA submitted a report with recommendations in June 2020, which all parties involved have now responded to. The ongoing court hearing focuses on addressing the specific recommendations proposed by EPCA.
Issues
Whether NGT’s observation is ignorant of the right to a pollution free environment as a fundamental right guaranteed under Article 21 of Constitution?
Legal Provision
Article 21 of the Indian Constitution –
Protection of life and personal liberty – No person shall be deprived of his life or personal liberty except according to procedure established by law
Court Decision & Analysis
The Supreme Court acknowledged Inland Container Depots (ICDs) as crucial inland hubs for streamlined containerized cargo handling. ICDs effectively bring the efficiency of seaports inland offering proximity, consolidation, simplified customs, cost savings. The Tughlakabad ICD, with its established customs offices and railway connections, exemplifies the vital role these dry ports play in regional transportation infrastructure.
EPCA acknowledged the need for cleaner fuels in heavy-duty vehicles but recognized current limitations. They recommended using BS-VI diesel vehicles as a significant improvement over older models. While encouraging ongoing exploration of cleaner sources like CNG/Hybrid/Electric, the policy focus should be on replacing older diesels with BS-VI.
The observation by the NGT was 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.
In response to the Tughlakabad ICD pollution case, the Supreme Court issued new directions replacing those of the NGT:
- Phased replacement of heavy-duty diesel vehicles with BS-VI vehicles: The Union of India must formulate a policy within six months.
- Improved infrastructure for cleaner vehicles: The Ministry of Road Transport and Highways will be involved in exploring alternative fuel sources (CNG/Hybrid/Electric) for heavy-duty vehicles.
- Optimizing ICDs around Delhi: The Container Corporation will develop a plan within six months to better utilize surrounding ICDs and establish central laboratories near them.
- Enhanced parking management at Tughlakabad ICD: The Container Corporation will implement KPMG’s February 2021 recommendations within six months.
These actions aim to address air pollution concerns by transitioning to cleaner vehicles, optimizing logistics, and improving ICD operations.
The appeal was disposed of on the above terms.
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Written by- Bhawana Bahety
