File affidavit on steps to publicise order on pollution: SC

By Our Legal Correspondent

NEW DELHI, MARCH 19. The Supreme Court today in `the Delhi Vehicular Pollution-Prevention case' has directed the Delhi Government to file an affidavit stating the steps it had taken to publicise in the print and electronic media, the court's orders dated July 28, 1998, fixing the deadline of March 31, 2001, for conversion of all commercial vehicles in the National Capital Region (NCR) into compressed natural gas (CNG) fuel-mode in the interest of prevention of air pollution.

The Bench said the July 28, 1998 orders - made after hearing all the parties including the Delhi Government, Centre and the Delhi Transport Corporation and others concerned and also on consideration of relevant expert committee reports in the interest of fundamental right of citizens for healthy environment and clean air within the meaning of Article 21 of the Constitution - also directed the Delhi Government to publicise the orders through print and electronic media.

The Bench indicated that this order was in the nature of a ``consent order.''

The Bench, comprising the Chief Justice, Dr. A. S. Anand, Mr. Justice B. N. Kirpal and Mr. Justice V. N. Khare, asked the Delhi Government to state in its affidavit of its categorical commitment in the operational utility and conversion of CNG fuel mode of all the commercial vehicles plying in Delhi.

It expressed its concern and displeasure in the matter of delayed - rather casual - approach on the part of the authorities concerned of the Delhi Government and others in the implementation of the court's 1998 orders.

The Bench repeatedly observed that it was considering the bonafides of the authorities concerned, including the Delhi Government, Delhi Transport Corporation and private bus operators in implementing the apex court's orders and directed all the parties concerned to file respective affidavits indicating the steps taken by them and also other relevant aspects they might make in this regard (for Court's consideration).

Earlier, Mr. F. S. Nariman, senior counsel appearing for Telco, submitted that the court might consider making suitable orders in the interest of silent majority of commuters dependent on public transport in the capital.

Mr. K. K. Venugopal, senior counsel for city bus private operators, submitted the problems faced by them, particularly in the matter of huge price demanded by some manufacturers for conversion of buses into CNG fuel mode.

Mr. Kirit N. Raval, Additional Solicitor-General (ASG) appearing for the Delhi Government, detailing the various steps taken by it to implement the court's July 1998 orders and certain practical problems faced by it in this regard, pleaded with the court to make suitable orders in the interest of thousands of common and ordinary commuters dependent on public transport in the capital.

Earlier, the Bench, expressing its concern for school- going children in Delhi, sought various details on the deployment of buses and other vehicles for the safe transportation of students.

It also directed three-wheeler owners' association to file an affidavit on the steps taken by it and also on other relevant aspects (it might make in this regard).

The Bench directed the Gas Authority of India Limited to file an affidavit stating the steps taken by it for ensuring the required supply of compressed natural gas (CNG). It fixed March 23 for further hearing of this matter.

The Delhi Chief Minister, Mrs. Sheila Dixit, who was present in the Court during the hearing, avidly watched the proceedings.

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