BackSupreme Court backs NGT ban on cars older than 15 years
The apex court said NGT was following principles set by constitutional courts and should be encouraged
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New Delhi: The Supreme Court on Monday backed the National Green Tribunal (NGT) while dismissing an appeal against a tribunal order issued in November last year that banned cars older than 15 years from plying on Delhi roads. The apex court said NGT was following principles set by constitutional courts and should be encouraged.
A bench headed by Chief Justice H.L. Dattu said it would not interfere with the functioning of the green tribunal, which was “reiterating orders passed by the constitutional courts". Dattu said appeals against similar orders of the Andhra Pradesh high court had been dismissed by the apex court earlier.
In a 26 November order, the tribunal had barred cars older than 15 years from plying in the capital. Earlier this month, it put a cap of 10 years for diesel cars. On 7 April, the green tribunal, headed by former apex court judge Swatanter Kumar, created a distinction between diesel and petrol cars by imposing a more stringent ban on the former. This order was stayed to allow the government to submit affidavits reflecting its plans to reduce vehicular pollution.
“What needs to be understood in these cases is that the NGT is trying to get as many perspectives as possible. In fact, it issued a two-week moratorium on the order (of 7 April) to understand from the government what can be done and what cannot be done. In that sense, these are not adversarial proceedings," said environment lawyer Sanjay Upadhyay, managing partner at Enviro Legal Defence Firm.
He also represents the petitioner in the case where the court imposed a 10-year cap on the age of diesel cars.
The appeal, filed by Vishaal Jogdand, a lawyer, had claimed vehicles with valid fitness certificates cannot be banned by the tribunal as it amounts to altering the motor vehicles law. He further claimed that the tribunal had exceeded its powers by deciding a case in public interest.
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