Green Tribunal orders trucks entering Delhi to pay pollution tax in addition

According to MCD data, on an average, only 22,628 commercial vehicles, excluding taxis, enter Delhi per day from nine entry points, as against 38,588 commercial vehicles counted by the city-based research and advocacy organisation CSE survey -an underestimate of about 70 percent, the study said.

Adding to the confusion, senior advocate Harish Salve, the amicus curiae, who is assisting the court, and another senior lawyer Dushyant Dave who appeared for the Delhi government, questioned the jurisdiction of the NGT to pass such orders.

Though the bench initially expressed its reservation over considering the issue in view of an order already passed by the National Green Tribunal on Wednesday for putting additional tax burden on polluting trucks, the court conceded to a request for deciding the issue following a request by the counsel representing the Centre and Delhi government. “Even my grandson has started wearing pollution masks”, Chief Justice H L Dattu said as he favoured imposition of hefty pollution tax ranging from rs 600 -1,200 on almost 60,000 trucks from outside passing through Delhi spewing harmful pollutants”, CJI Dattu had said on Monday favouring the pollution compensation tax. The court will take up the matter afresh at 10:30 AM tomorrow after it gets the NGT order.

Talking to Mail Today, Dave said: “Once it knew that the apex court is seized with the issue and is set to pass directions on Thursday, the NGT should have refrained from passing any order”.

This was suggested by Salve after going through a report of the SC-appointed Environment Pollution Control Authority (EPCA). On the other hand, these polluting trucks used Delhi roads as a transit route to save on toll charged on alternative routes, Salve said, calling it unjust enrichment of truckers at the cost of citizens’ health.

The inexperienced panel ordered that the compensation can be payable on the charges of Rs seven hundred for 2-axle automobiles, Rs 1,000 for 3-axle and Rs 500 for 4-axle and above.

The case will come up for hearing on 9 October.

But initiatives including a ban on vehicles older than 15 years have failed in past, with city governments ignoring court orders to address the problem.

He told the court that pollution compensatory charge could be termed as adjudicated cess and not tax as later has the sanction of law.

In the plea, three toddlers, aged between 3 to 14 months, had urged the apex court to completely ban the use of firecrackers during festivals and other occasions in Delhi. They have also sought an interim stay before the ensuing Diwali.