New Delhi: Honourable Apex Court of India, on this Friday, has refused interference in case of National Green Tribunal- NGT’s ban which was imposed with the view to stop playing of Older than 10 years and more diesel vehicles on the roads in the City. The decision was taken by the Top Court after denying the individual interests of the owners of Car in Delhi.
The order of the National Green Tribunal, which has banned the running of older diesel vehicles, as aforesaid, pointed the deaths of Children in Delhi.
The honourable Supreme Court’s Bench comprising of Chief Justice of India, H. L. Dattu and Justice, Arun Mishra, made decisions of non- taking interference in the said order of NGT, and dismissed the appeal challenging same which was preferred by one Sheela Yadav. It was cleared by the said Bench of Top Court that, there was no ground made out to find fault with the said NGT’s Order, in the petition and if petitioner wants to modify the order then she can move to the said Tribunal.
The matter of imposing fresh ban on playing such older diesel vehicle in the City, by the NGT, on 8th day of last April month, is covered under the heading of ‘Death by Breath’, as it was looked into by the NGT that such diesel, how, affected the quality of air in Delhi. It can be seen in the
In its earlier decisions, the NG Tribunal had decided to prohibit the running of Vehicles which are older than fifteen years in the City of Delhi, however the said decision of the Tribunal was stayed by it, looking to the grievances from the Transporters and also from the Government.
The Ghaziabad based Petitioner- Sheela Yadav, has filed challenge before the honourable Supreme Court, and alleged that she is the owner of Toyota Qualis Car (model from 2003), and has complied with all norms relating to the Fuel emission, etc. and also possess the Valid and effective Certificate of Fitness. Further it was alleged by her that, she was using the car for travelling towards Delhi-based hospital in relation to treatment and due to such ban by the NG Tribunal, she sought to maintain that it will suffer people like her, even after they are duly complying with all the related norms which were provided by the Government for using such vehicles.
It was also sought to be maintained by her that the Tribunal is acting in the jurisdictional matter of the Legislature by issuing such ban, as there is already provided in the enactments (like Motor Vehicle Act) passed by the law making authority that, in which situations the vehicles to be taken off against playing on the road.
However, brushing aside all the contentions and allegations of the petitioner- Yadav, the Supreme Court’s Bench has declined to interfere with the decision of the Tribunal and as such her claim was dismissed.
by Faim Khalilkhan Pathan.