A Bench, headed by chairperson and judge Swatanter Kumar, also directed that wherever such vehicles were noticed, the authorities should take steps, including the seizure of the vehicles, in line with the law. The Bench said, "The air pollution of the National Capital Territory is getting worse each day. This direction would be applicable to all vehicles, that is, two-wheelers, three-wheelers, four-wheelers, light vehicles and heavy vehicles, commercial or otherwise." It added no person shall be permitted to burn plastic or any other material in the open. If found doing so, he would be liable to be proceeded against in line with the law, it said. The tribunal also held that in all the markets in Delhi, "it shall be ensured tarred roads for regular traffic are not permitted to be used for parking, thus causing avoidable congestion of traffic".
The Bench said, "The time is more than right at this stage, when mere consideration of these issues at different levels could not resolve the issue and no one would help in controlling the increasing air pollution in Delhi.
"It is a constitutional and statutory duty of all the authorities and ministries to provide clean air to the people to breathe. It is their fundamental right and it cannot be subjected to limitation of the state of any kind and be permitted to lose sight in the realm of planning and anticipated actions."
It has also directed the Central Pollution Control Board and the Delhi Pollution Control Committee to check all the Delhi Transport Corporation buses, even if operating on compressed natural gas, and if the bus was found emitting in excess of the prescribed standards, it must not be permitted to ply.
The tribunal's observation came while hearing a petition of Vardhaman Kaushik who had contended "the level of particulates in Delhi is rising manifold and the reasons for which should be identified and curbed".
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