This Article is From Oct 09, 2015

Environmental Tax on Heavy Vehicles: Supreme Court to Study Green Panel Order

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Delhi

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New Delhi: The Supreme Court today decided to peruse the National Green Tribunal (NGT) order directing the payment of environmental compensation charge by commercial vehicles entering Delhi, before proceeding with the hearing of a plea seeking levy of similar charges on polluting vehicles.

"I have heard some order has been passed by the NGT. I have asked for a copy of the order," a three-judge bench headed by Chief Justice HL Dattu said while fixing the matter for hearing on Friday.

When senior advocate Harish Salve, who is the amicus curiae in a 1985 Public Interest Litigation (PIL) filed by environmentalist MC Mehta, insisted that the Supreme Court itself proceed with the hearing on his application, the bench said, "We are not saying no. Let us have a look at the NGT order."

Sharing the concern of the senior lawyer, the bench, also comprising Justices Arun Mishra and Adarsh Kumar Goel, said it would circulate the copy of the NGT's order among the lawyers concerned and would hear the matter on Friday itself.

The bench also sought suggestions from Mr Salve, Solicitor General Ranjit Kumar, representing the Centre, and senior advocate Dushyanat Dave, appearing for the Delhi government, on ways to tackle the problems caused by entry of heavy commercial vehicles in Delhi from neighbouring Haryana and Uttar Pradesh.

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The court also asked Mr Salve to intimate the counsel for the two states to be present on Friday to assist it.

Seeking enforcement of principle of Environment Law that the polluter has to pay, Mr Salve, in his fresh plea, has sought levy of 'pollution compensatory charges', along with toll tax, on commercial vehicles criss-crossing the national capital.

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The NGT on Wednesday acted tough on rising vehicular pollution in the national capital and directed all commercial vehicles entering Delhi to pay environmental compensation charge, in addition to the toll tax.

The green panel had ordered that the compensation would be payable at the rates of Rs 700 for two-axle vehicles, Rs 1,000 for three-axle and Rs 500 for four-axle and above.

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"It is a conceded position before us that vehicular pollution is one of the main sources of inferior quality of air in Delhi.... Nearly 66,000 heavy commercial vehicles enter Delhi daily. It is stated before us that low toll tax is an incentive for heavy vehicles to pass through Delhi rather than taking alternate route which will reduce pollution...

"It will be in our considered view, appropriate to direct the check posts to charge transport heavy vehicles entering Delhi as their final destination or en route to other places entering from Sonipat to pay environmental compensation in addition to toll tax payable," the green panel had said.

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During earlier hearing on Mr Salve's plea, the CJI had shared the lawyers' concerns and said, "My grandson wears mask due to pollution and looks like a ninja."

Mr Salve, during the hearing, had referred to the report of the Environment Pollution (Prevention and Control) Authority for NCR (EPCA) and said a large number of commercial vehicles opt Delhi and NCR roads, instead of the highways, as it is cheaper to traverse through the capital city.

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Prior to this, the court had agreed to hear the plea seeking directions for the Centre, Delhi Government and the Municipal Corporation of Delhi to ensure that "commercial vehicles entering the city of Delhi are required to pay a sum of not less than Rs 600 (for LCV and 2-axle) and not less than Rs 1200 (for 3-axle and above).

"This pollution compensatory charge will be imposed in addition to the toll charge imposed by MCD," the plea had said.

The plea has also sought a direction that "all collection of toll for vehicles entering Delhi be switched to the Radio- Frequency Identification (RFID) system of collection of toll on and from the 1st of December 2015."

It also said children and senior citizens were the "most vulnerable groups" affected by air pollution, mostly caused by particulate matter (PM) load.

"That emissions from automobiles are responsible for the bulk of PM load which pollutes the ambient air. The second major cause of pollution is the Nitrogen Dioxide (NOx) load, which again is sourced from emissions of automobiles."
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