Delhi Air Pollution: Supreme Court 2015 in M.C. Mehta vs UOI Bans 2000cc+ Diesel Cars, Doubles ECC and Orders CNG Taxis. The Supreme Court in M.C. Mehta vs Union Of India & Ors passed sweeping interim directions to tackle Delhi’s air pollution crisis. The Court on held that "right to clean air" is part of Article 21 and directed ban on registration of new private diesel cars and SUVs above 2000cc till 31.3.2016. The Court also doubled Environment Compensation Charge for goods vehicles, ordered diversion of non-Delhi bound traffic from NH-1 and NH-8, and mandated all taxis including OLA/UBER to switch to CNG by 1.3.2016. This blog explains M.C. Mehta 2015 on vehicular pollution, ECC, dust control and constitutional duty to protect environment.[2015]
Facts: Delhi Declared Most Polluted City; Earlier Order of 9.10.2015 Not Working.Delhi had "earned to it the dubious reputation of being the most polluted city in theworld". By order dated 9.10.2015, SC had directed diversion of commercial traffic notbound for Delhi, imposed ECC of Rs.700 and Rs.1300, and ordered RFID at entrypoints.The Supreme Court in M.C. Mehta para 2: Amicus Harish Salve submittedpollution levels after 9.10.2015 were higher than before. Diversion order wasimplemented belatedly on 6.11.2015 and non-Delhi vehicles were still entering onpayment of ECC.The Supreme Court in M.C. Mehta para 3: Solicitor General RanjitKumar stated Union of India and GNCTD agreed to enhance ECC upto 100% and todivert traffic. There was consensus on 5 other points to reduce pollution.A commonmistake is assuming levy of charges alone will stop pollution. M.C. Mehta clarifies thatenforcement and diversion of traffic is equally important.ECC Hike & Diversion: No Non-Delhi Traffic From NH-1 & NH-8.The Supreme Courtin M.C. Mehta para 7-8: Cited its 2001 order directing that transit goods vehicles shouldnot ply through Delhi. True intention of 9.10.2015 order was that vehicles not bound forDelhi must bypass.The Supreme Court in M.C. Mehta para 9: Directed that no vehicle"not bound for Delhi" will be allowed from Kundli border on NH-1 and Rajokri on NH-8.Transport departments to specify alternative routes.The Supreme Court in M.C. Mehtapara 10: For Delhi-bound empty vehicles ECC remains Rs.700/Rs.1300. For Delhi-boundloaded vehicles ECC doubled to Rs.1400/Rs.2600. This will "discourage any vehicletrying to enter Delhi on a false pretext".In our experience, ECC is a polluter-pays tool.M.C. Mehta uses it to push logistics outside city limits.Ban on 2000cc+ Diesel Cars & CNG for Taxis. The Supreme Court in M.C. Mehtapara 12-13: Amicus argued for ban on all new diesel vehicles. Court rejected ban onlight commercial diesel vehicles due to supply of essentials.The Supreme Court in M.C.Mehta para 13: "There is, however, no reason why registration of private cars and SUVsusing diesel with an engine capacity of 2000 cc and above should not be banned upto31st March, 2016". Reason: used by affluent sections and "more prone to cause higherlevels of pollution".The Supreme Court in M.C. Mehta para 14: Directed all taxisincluding aggregators OLA and UBER under city permits to move to CNG not later than1.3.2016.The Supreme Court in M.C. Mehta para 11: Banned entry of commercialvehicles registered in 2005 or earlier even if Delhi-bound. States to evolve system forimplementation.Dust, Construction & Waste Burning: Directions to GNCTD & Local Bodies. TheSupreme Court in M.C. Mehta para 15-16: Directed GNCTD to repair pavements andprocure vacuum cleaning vehicles by 1.4.2016 to control road dust.The Supreme Courtin M.C. Mehta para 17: Directed strict enforcement of CPCB norms at constructionsites. Curtains and other devices mandatory.The Supreme Court in M.C. Mehta para 18:Directed MCD, NDMC and all institutions to stop burning solid waste and adoptscientific disposal.The Supreme Court in M.C. Mehta para 20: Clarified all directionsmust be taken "in the right earnest notwithstanding any order to the contrary passed byany court".Article 21: Right To Clean Air. The Supreme Court in M.C. Mehta linked pollutioncontrol to Article 21. Though not quoted verbatim, the entire order proceeds on basisthat high pollution violates right to life with dignity.Lesson for Citizens: Courts can bansale of vehicles for environment. For Businesses: Logistics and taxi operators mustcomply with ECC and CNG timelines.
Conclusion
M.C. Mehta vs UOI establishes that mc mehta vs union of india delhi air pollution2015 jurisprudence allows SC to take urgent interim measures. Supreme Court 2015refused to wait and banned 2000cc+ diesel cars, doubled ECC, ordered CNG taxis anddust control. Court held that right to clean air under Article 21 requires immediateaction. As the law stands, the issue is implementation by States and local bodies. Forautomobile dealers, logistics companies and taxi aggregators, this judgment is key onpollution control compliance. The Supreme Court’s ruling in M.C. Mehta laid foundationfor GRAP and later air quality measures in NCR.
