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Facts —
An application was made to the National Green Tribunal (NGT), New Delhi, seeking the relocation of operations of the Container Corporation of India Ltd (CONCOR) from Tughlakabad to areas outside Delhi. It also sought restrictions on container entries to the depot unless destined for Delhi. The application requested the use of battery-powered or CNG-powered forklifts, empty handlers, reach stackers, and small vehicles, as well as the switch from diesel locomotives to electric trains. It also called for the prohibition of trucks and trailers not complying with Bharat Stage IV emission standards (BS-IV). On 8th March 2019, the NGT issued interim orders directing the appellant to cease diesel vehicle visits to the ICD and transition to CNG, electric, and hybrid vehicles. The NGT set a six-month deadline for these actions and required an action plan within one month. The Supreme Court (SC) stayed coercive actions against the appellant on 22nd April 2019. On 10th February 2020, the SC tasked the Environment Pollution (Prevention and Control) Authority (EPCA) with investigating the issues and providing recommendations. The Ministry of Railways and the appellant submitted their positions on the EPCA report. Delhi NCR has been experiencing severe air pollution, affecting the quality of life and violating Article 21 of the Indian Constitution, which ensures the right to a pollution-free environment.
Issues-
- Whether it is feasible to switch to electric, CNG, or hybrid vehicles as directed by the NGT.
- Whether diesel vehicle entry to the Tughlakabad ICD can be limited and non-destined diesel vehicles redirected to other ICDs.
- Whether the problems related to congestion and inadequate parking facilities at the ICDs can be effectively addressed.
Contention:
Respondent’s Argument:
The ICD at Tughlakabad causes significant air pollution due to the entry of trucks and trailers not destined for Delhi.
Sought the relocation of ICD operations and restrictions on diesel vehicle entries, advocating for CNG or battery-operated vehicles and electric trains.
Appellant’s Argument:
Relocating the ICD would increase road transport of goods, leading to higher air pollution.
The current ICD location efficiently serves Delhi’s needs without disrupting residential areas.
Decision:
Hon’ble Supreme Court directed the authorities to implement the EPCA’s recommendations and ensure the proper utilization of Inland Container Depots (ICDs). Specifically, the Court mandated the establishment of central laboratories near ICDs and required the appellant to adhere to KPMG’s recommendations for improving parking management. The rationale behind this decision was based on the EPCA report, which highlighted significant pollution caused by the high entry of diesel vehicles to the ICD. It recommended transitioning to cleaner fuels and BS-VI heavy-duty diesel vehicles due to technological constraints in alternative fuel options. Additionally, the report noted that only the Tughlakabad and Rewari ICDs were significantly utilized, while others were underutilized, and suggested optimizing the use of all ICDs around Delhi. The importance of ICDs as vital hubs for regional imports and exports was emphasized, functioning as inland extensions of seaports with facilities for container handling and storage. The Court identified defects in the law, pointing out that the NGT’s directive seemed to imply that only Delhi NCR residents are entitled to a pollution-free environment, neglecting the constitutional rights of all Indian citizens. Moreover, existing committees such as the Delhi Pollution Control Committee (DPCC) were found to lack effective execution of pollution control measures, with a need for adherence to WHO guidelines for ambient outdoor pollution levels. The Court inferred that a robust policy is necessary to phase out heavy-duty diesel vehicles in favour of BS VI, CNG, hybrid, or electric vehicles, as vehicular pollution is a major contributor to Delhi’s air pollution. Furthermore, the Supreme Court emphasized the need for proper utilization of ICDs around Delhi within six months, following EPCA recommendations, and called for the implementation of KPMG’s recommendations to improve parking management at the ICDs.
