The National Green Tribunal (NGT) has once again refused to lift the ban on diesel vehicles older than 10 years in Delhi-NCR, dismissing a plea by the Centre, saying the application was “legally not maintainable.”

The counsel for the Ministry of Heavy Industries and Public Enterprises challenged the orders passed by the green tribunal last year on several counts, including the legality of the court passing such an order. The government had also argued that diesel, in fact, causes lesser air pollution than petrol.

‘Biggest polluter’ NGT, however, rejected the application on the basis of a report by the Central Pollution Control Board (CPCB) which had said, “The carcinogenic effect of one new diesel car is equivalent to 24 petrol cars and 84 new CNG cars on the road.” The green court also pulled up the government for not taking action on similar directions passed by the Supreme Court years before the NGT.

Pinky Anand, who represented the government, had also contended that the government cannot cancel the registration of vehicles on the basis of age alone. However, a provision under the Motor Vehicle Act provides for the Central government to fix an age limit on vehicles keeping public safety in mind.

The NGT bench headed by Justice Swatanter Kumar said, “If in a given circumstance Central Government fails to discharge its statutory obligation to invoke section 59 of the Motor vehicle Act should the citizen suffer and the courts or the Environmental Tribunal be a silent spectator. The answer is in negative.”

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