The Supreme Court on Thursday gave the Centre six months to frame a policy for phasing out heavy-duty diesel vehicles and replacing them with BS VI vehicles. While passing the judgment the top court expressed its disapproval for the National Green Tribunal's (NGT) earlier proposal that trucks heading to an Inland Container Depot (ICD) at Delhi's Tughlakabad should be diverted to ICDs outside the Delhi-NCR.


A bench headed by Justices Abhay S Oka and Pankaj Mithal 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."


Calling the observation made by the NGT totally unjustified and unwarranted, the bench said, "...Such a fundamental right is equally enforceable by all and is not confined to the people of Delhi-NCR. The NGT while protecting/safeguarding the above fundamental right of the people of Delhi NCR cannot allow infringement of the same fundamental right of the citizens living outside Delhi NCR."


The top court was hearing a petition filed by the Container Corporation of India against the directions issued by the NGT. The case pertains to the pollution caused by heavy-duty diesel trailer trucks in and around Delhi.


The NGT had suggested an action plan to divert such vehicles to depots in Dadri, Rewari, Ballabhgarh, or Khatuawas.


The bench also passed the following directions in the Judgement:


1. The Centre shall formulate a policy of phasing out heavy­ duty diesel vehicles and replacing them with BS­VI vehicles within six months. 2. Though the Centre 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.
3. The process of exploring the possibility of finding better sources, including CNG/Hybrid/Electric, for the use of heavy­duty vehicles shall continue;
4. 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;
5. 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;


The court further added that it will monitor the implementation of the above directions and listed the case for July 31.