The Kerala State Road Transport Corporation (KSRTC) on Friday filed a petition before the Kerala High Court against the recent order by the Kochi Special Circuit Bench of the National Green Tribunal (NGT), putting curbs on diesel vehicles in six cities in the State. The KSRTC submitted that the order was passed without assessing the air quality in cities where the ban has been ordered. The National Air Quality Index maintained by the Central Pollution Control Board shows that air quality in Kerala is much better compared to the same in Delhi.
The NGT had ordered a ban on all diesel vehicles that are more than ten years old, and curb on registration of new diesel vehicles of more than 2,000 cc capacity, in six cities in the State. “If the NGT order is implemented, the KSRTC would not be able to conduct service. As many as 1,102 of the 6,349 passenger buses of the KSRTC are more than ten years old. Besides, there are 117 non-passenger vehicles that are more than ten years old,” stated the petition.
“After conducting multiple inspections and analyses, the state Pollution Control Board (PCB) had certified that the pollution levels of KSRTC vehicles met the standards set by the PCB. Neither the PCB nor any other agency has published reports stating that the KSRTC’s vehicles caused pollution after ten years of service. The permissible age of the buses was fixed at 15 years, following proper studies conducted by the competent authority. Abrupt termination of services will cause severe hardships to both the petitioner and the general public, who primarily depend on the KSRTC for transportation,” pointed out the petition.
According to petitioner, the KSRTC will not be able to replace all of its 1,102 (old) buses within a month, as it would cost around `275 crore, at a time when the petitioner is facing severe financial stringency. There has been no report or allegation that the KSRTC caused pollution, and the petitioner has been conducting stage carriage service after undergoing periodic inspections by competent authorities. Meanwhile, the Kerala State Private Bus Operators Federation also filed a plea before the court against NGT order. According to the Federation, the NGT issued the order without properly assessing the facts pertaining to pollution and the State’s environmental conditions. “All the vehicles, both Diesel and Petrol vehicles of all capacities, are subjected to extensive tests with regard to their engine performance, capacity, crash resistance, stability, compliance of emission norms and pollution level, under Section-110 of the Motor Vehicles Act. If the order is implemented, passenger transport and transportation of various commodities including vegetables from other states will be affected. Oddly, the order is applicable for only six cities in the state, creating an unworkable situation,” stated the Federation.
Meanwhile, Justice P B Suresh Kumar reserved the petition for order over the question of the High Court’s jurisdiction to consider petitions against the NGT order. Earlier, the Lawyers Environmental Awareness Forum in its petition had contended that petitions against the NGT were not maintainable as its orders could be challenged only in the Supreme Court, as per provisions of the National Greens Tribunal Act.
News : The New Indian Express
