Supreme Court Mandates Phasing Out of Diesel Vehicles at ICD Tughlakabad to Combat Delhi NCR Pollution

In a landmark judgment yesterday, the Supreme Court of India upheld environmental concerns by directing the phased reduction of diesel vehicles at the Inland Container Depot (ICD) in Tughlakabad. This decision comes as a significant step in addressing the chronic air pollution issues plaguing the Delhi National Capital Region (NCR).

The bench, led by Justice Abhay S. Oka, passed the judgment in the civil appeal filed by the Container Corporation of India Ltd. Against the National Green Tribunal’s (NGT) earlier order. The NGT had called for a shift from diesel to electric, hybrid, and CNG vehicles at the ICD to mitigate pollution levels.

Justice Oka, emphasizing the gravity of the situation, stated, “Air pollution directly affects the fundamental rights of the citizens guaranteed under Article 21 of the Constitution of India.” He further added, “The right to life guaranteed under Article 21 includes the right to live in a pollution-free environment.”

The Supreme Court's directive aligns with the recommendations of the Environment Pollution (Prevention and Control) Authority (EPCA), which underscored the pressing need to shift to cleaner fuel sources. The judgment stipulates the formulation of a policy for phasing out heavy-duty diesel vehicles and replacing them with BS-VI vehicles by the Ministry of Road Transport and Highways within six months.

In addition to vehicle pollution, the judgment also addressed the issue of underutilization of other ICDs around Delhi. The Court directed the appellant to formulate a comprehensive plan to optimize the use of these depots, potentially easing the burden on the Tughlakabad facility.

The judgment also highlighted the need for improved parking management at the said ICD. Acknowledging a report by KPMG on this issue, the Court granted six months to the appellant to implement recommended measures.

In a move to ensure strict compliance, the Supreme Court has decided to monitor the implementation of its directives, with a compliance report due on July 31, 2024.

This judgment represents a critical step towards improving air quality in the Delhi NCR, offering hope for a cleaner, healthier future for its residents.

Date of Decision: January 11, 2024

Container Corporation of India Ltd. vs Ajay Khera & Ors.