38.6c New Delhi, India, Wednesday, May 29, 2024
Judiciary

Delhi Odd-Even Scheme: SC Seeks Report From Delhi Govt Explaining The Logic Behind The Scheme [Read Order]

By LawStreet News Network      05 November, 2019 12:12 PM      0 Comments
Delhi Odd-Even Scheme: SC Seeks Report From Delhi Govt Explaining The Logic Behind The Scheme [Read Order]

The Supreme Court on November 4, 2019, in the case of M.C. Mehta v. Union of India & Ors., has sought a report from the Government of NCT of Delhi explaining the rationale behind bringing in the odd-even scheme in the capital region as a means to deal with air pollution. 

A Division Bench comprising of Justices Arun Mishra and Deepak Gupta was hearing a batch of petitions when Senior Advocate Sanjiv Sen pointed out that no useful purpose is being served by the scheme as in Delhi more use of two wheelers and three wheelers has taken place and they are being plied more causing equal pollution.

He said that it would be appropriate to stop the use of diesel vehicle, in case it is necessitated as the diesel vehicles cause more pollution as compared to petrol and CNG vehicles.

Taking note of this, the court ordered: "Let the Government of NCT of Delhi explain this aspect and file the data in this regard in the Court on the basis of the previous experience and whether if three wheelers and taxies are plying more on road during such restriction and relevant data be placed"

The Court further observed in the order: "During Odd/Even Scheme what is the difference being caused by stopping use of four wheelers when various other contributory factors are not taken care of by Government of NCT of Delhi".

Direction to stop construction and demolition activities

The court referred to an affidavit submitted by the Union Ministry of Environment and Forests which mentioned open dumping of garbage, unpaved roads, road dust, garbage burning and traffic congestion as major sources of pollution. 

Taking into consideration the said affidavit, the court ordered: “We direct that construction, demolition and activities be stopped forthwith as well as garbage burning. In case, any person is found in construction and demolition activity and garbage burning in Delhi and NCR region, he/she shall be penalized. Any person is doing construction and demolition activity in violation of this order, shall be penalized with Rs.1 Lac for such activity. For garbage burning he/she shall be penalized with Rs.5,000/- and besides liable for violation of the order passed by this Court to be dealt with in accordance with law.”

With respect to open dumping of waste and garbage, the court directed the Government of NCT of Delhi as well as the concerned Municipal Corporation to chalk out immediate plan and to ensure that waste and garbage to be removed to safe places forthwith and also to ensure that no open dumping takes place. For taking care of the road dust, the court ordered to use water sprinklers/dust suppressors on the roads.

The issue was taken up in the court after the Environment Pollution (Prevention and Control) Authority (EPCA) declared a public health emergency in Delhi-NCR due to severe deterioration of air quality. 

In a letter to the states of Uttar Pradesh, Haryana and Delhi, the EPCA told to the state governments to cease construction activities in Delhi, Faridabad, Noida, Gurugram and adjoining areas and to shut down hot mix plants and coal-based industries. A complete ban on bursting of firecrackers has also been announced by the authority till the end of the winter season.

[Read Order]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

battle-over-butter-chicken-moti-mahal-takes-daryaganj-to-court-in-trademark-showdown
Trending Business
Battle Over Butter Chicken: Moti Mahal Takes Daryaganj to Court in Trademark Showdown

Moti Mahal and Daryaganj restaurants clash in Delhi High Court over trademark claims, each asserting they invented Butter Chicken and Dal Makhani.

28 May, 2024 11:33 AM
punjab-and-haryana-high-court-upholds-eds-arrest-of-aap-mla-dismisses-plea-challenging-detention
Trending Judiciary
Punjab and Haryana High Court Upholds ED's Arrest of AAP MLA, Dismisses Plea Challenging Detention [Read Order]

Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh's plea against his ED arrest, ruling it was in line with Section 19(1) of the PMLA.

28 May, 2024 11:56 AM

TOP STORIES

no-legal-mandate-for-uploading-of-form-17c-on-website-or-handing-over-to-anyone-other-than-candidate-or-agent-ec-tells-sc
Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
national-security-always-paramount-sc-cancels-bail-of-pfi-members
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM
calcutta-hc-invalidates-five-lakh-obc-certificates-issued-after-2010-cites-unconstitutional-grounds
Trending Judiciary
Calcutta HC Invalidates Five Lakh OBC Certificates Issued After 2010, Cites Unconstitutional Grounds [Read Judgment]

Calcutta High Court invalidates OBC certificates issued after 2010, declaring them unconstitutional. Court cites undue haste and procedural impropriety.

23 May, 2024 03:33 PM
mp-high-court-grants-police-protection-to-couple-facing-honour-killing-threats-over-marriage
Trending Judiciary
MP High Court Grants Police Protection to Couple Facing Honour Killing Threats over Marriage [Read Order]

MP High Court grants police protection to a couple facing death threats from their parents for marrying without consent, citing serious measures against honor killings.

23 May, 2024 03:45 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email