The Supreme Court on Monday directed the strict implementation of its 2018 order to paste colour-coded stickers (to indicate the fuel type of vehicles) on vehicles in the National Capital Region (NCR) area, as part of measures to address the growing pollution crisis in Delhi.
A Bench comprising Justices Abhay Oka and Ujjal Bhuyan has ordered NCR States to direct the concerned authorities not to give pollution certificates to vehicles found without such colour-coded stickers.
"NCR States shall issue a direction that no PUC (pollution under control) certificate shall be issued unless compliance is made with the said order," the Court said.
The Bench noted that by an order dated August 13, 2018, the top court had ordered that light blue stickers should be pasted on petrol/CNG vehicles and orange stickers should be used for diesel vehicles across NCR. This was supposed to be implemented by October 2, 2018.
Yesterday, the Court modified this order to clarify that owners of cars registered on or after April 1, 2019 must be penalised if they have failed to abide by this directive. States in NCR were ordered to carry out a drive impose penalties under the Motor Vehicles Act, 1988 on errant vehicle owners.
"In case of vehicles sold on or after 1st April 2019 which are not compliant with the order, actions under Section 192 of the Motor Vehicles Act, 1988 shall be initiated by the concerned governments ... We, therefore, direct NCR States to initiate a drive on non complaint vehicles and ensure that penal action and the section 192(1) is initiated in case of all such vehicles," it ordered.
Notably, it added that this colour-coded sticker requirement applies to cars registered before April 1, 2019 as well. It ordered the States in the NCR area to file an affidavit on how it proposes to enforce this.
"We direct NCR States to file affidavits within one month setting out the manner in which they will ensure that he vehicles before 1st April 2019 are made compliance with the provisions of the said order (on colour coded stickers)," the Court ordered.
The matter will be heard next on March 21.
The Court was hearing a case concerning the worsening air pollution crisis in Delhi. Senior Advocate Aparajita Singh is assisting the Court as an amicus curiae.
Yesterday's hearing also touched upon the extension of timelines to implement pollution emission standards for thermal power plants in and near NCR.
The amicus informed that the deadline to implement emission standards has been extended till 2027 for plants within 10 kilometers of NCR. Further it has been extended till 2028 for thermal plants in critically polluted areas, and 2029 for other areas.
Notably, plants "retiring" by 2030 are being exempt from compliance, the amicus said.
Justice Oka raised concern that the extension of deadlines effectively grants a license for thermal plants to pollute until then.
"Where do we get the definition of 'non retiring units' and 'retiring units'? Because the deadline extension gives them a license to create pollution in the meanwhile," he said.
The Court proceeded to ask the Central government to clarify the provisions defining "retiring" and "non-retiring" thermal power plants. The Court also sought details on which of the 35 thermal plant units in NCR were being classified as "retiring units."
Further, the Court instructed the Commission for Air Quality Management (CAQM) to consult with the Union Ministry of Power and the Ministry of Environment and Forests to recommend norms for these plants to curb pollution while adhering to the extended deadlines. These responses are to be filed in a month's time.
The Court further addressed the solid waste management crisis in Delhi, given that over 3,000 tons of untreated solid waste was being generated daily.
It criticised the Delhi government and the Municipal Corporation of Delhi (MCD) for failing to comply with the 2016 Solid Waste Management Rules.
If no real-time solution is presented to tackle the waste crisis, the Court warned that it might have to halt specific construction activities in the region.
The Court proceeded to direct the MCD to conduct awareness meetings with residents' welfare associations, market associations and institutional representatives to resolve the waste crisis.
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