SC favours levy of 'pollution charges' on commercial vehicles

The order for pronouncement is reserved on Monday

The National Green Tribunal's order imposing pollution charges, along with toll tax, on commercial vehicles criss-crossing Delhi may be nullified, with the Supreme Court today virtually agreeing with the plea in this regard, saying its order would "override" all the existing ones.

Reserving its order for pronouncement on Monday, a three -judge bench headed by Chief Justice H L Dattu said this decision would be effective for four months and the government and others, if affected, may come later for modification.

The bench, which also included justices Arun Mishra and Adarsh Kumar Goel, perused the National Green Tribunal (NGT) order directing payment of environmental compensation charge by commercial vehicles entering Delhi and agreed with the plea of senior advocate Harish Salve that it should take up the issue.

"Our order will override all other existing orders and will be effective for four months on trial basis. The state or any other bodies or association can seek modification later if necessary," the bench said, indicating that its decision will nullify the NGT's order.

It also seemed to be in agreement with the plea that passenger buses, vehicles with essential commodities, food articles and ambulances may be exempted from paying 'pollution compensatory charges'.

It said Delhi government will have to issue a notification in pursuance of the court's direction.

Senior advocate Dushyant Dave, appearing for the Delhi government, then urged the apex court to mention it in the order to avoid confusion and future conflicts between the city dispensation and other bodies.

Salve, who is the amicus curiae in a 1985 PIL filed by environmentalist M C Mehta, has sought directions to the Centre, Delhi Government and the Municipal Corporation of Delhi to ensure "commercial vehicles entering the city of Delhi are required to pay a sum of not less than Rs 600 (for LCV and 2-axle) and not less than Rs 1200 (for 3-axle and above).

"This pollution compensatory charge will be imposed in addition to the toll charge imposed by MCD.