Almost two years after the National Green Tribunal made it mandatory for 10-year diesel cars and vehicles to be taken off Indian roads, the Centre approached the Supreme Court on Monday to get the order vacated. The apex court has admitted the appeal of the Centre, condoning the two-year delay and has agreed to consider an application moved by the Government seeking stay of the Tribunal order passed on September 14, 2017.
The Tribunal order putting a cap of 10 years for diesel vehicles and 15 years for petrol vehicles was attacked by the Centre for being without any legal basis. According to Additional Solicitor General (ASG) Pinky Anand who presented the Centre's appeal before a bench of Justices Deepak Gupta and Aniruddha Bose, the Tribunal order violated Section 55 of Motor Vehicles Act.
She said that the present NGT order along with previous orders passed on July 18, 2016 and July 20, 2016, passing similar directions contemplates that after 10 years diesel vehicles have to be deregistered. "There is no authority under law for scrapping the vehicles whose registration is cancelled," she said. According to her, "The power to fix the age of vehicle is with the Central Government and cancellation of registration as provided in Section 55 of MV Act has to be done on individual assessment of vehicle, that too after first giving notice to the owner and on proof that the vehicle is beyond repair and dangerous to be used on roads."
The petition filed by Centre sought immediate stay of the Tribunal decision as such an order would cause economic hardship to the owners of the vehicles whose very livelihood depends on these vehicles. Further, it would dissuade the potential customers to buy diesel car as compared to petrol cars thus discriminating citizens based on the type of fuel, which is arbitrary.
It will be interesting to see how the apex court tackles the issue as on previous occasions, the apex court has been in the forefront of taking radical measures to ensure clean air for citizens. As far back as on April 5, 2002 the Supreme Court recommended weeding out of diesel vehicles. But the Centre argued that diesel vehicles have higher fuel efficiency which leads to 10 to 15 per cent lower emission of carbon dioxide as compared to petrol vehicles.
