SC notice to Himachal on NGT cap on Manali-Rohtang tourist vehicles

The supreme Court Friday issued notice to Himachal government on the plea by the tourist taxi operators operating between Manali and Rohtang challenging the National Green Tribunal (NGT) order restricting their operation to just 1,000 taxis per day coupled with an environmental compensation charge.

The vacation bench of Justice A.K. Sikri and Justice Uday Umesh Lalit, however, declined to stay the operation of the green tribunal's AMay 5 order by which plying of the tourist vehicles on Manali-Rohtang stretch has been restricted to 1,000 (600 petrol, 400 diesel) vehicles.

Coupled with this cap, the NGT imposed environmental compensation of Rs.1,000- for each trip by petrol vehicle and Rs.2,500 for a diesel vehicle. It had also said that these vehicles should meet BS IV vehicle emission standards.

The notice is returnable May 26.

Appearing for the Him Aanchal Taxi Operators Union, senior counsel Vibha Datta Makhija assailed the NGT order on the point of its jurisdiction to ask tourist taxis to comply with BS IV emission standards and putting the tourist taxi operators on a uneven ground vis-a-vis owners of private vehicle owners, government and army vehicles - which are generally heavy vehicles.

She wondered how tourist vehicles conforming to Bharat II and Bharat III vehicle emission standards could be causing more pollution than the heavy vehicles being operated by the government and the army.

"May be NGT is going step by step," the court said as Makhija argued that tourist vehicles have been singled.

Assailing the NGT order insistence on BS IV vehicle emission standards, Makhija told the court that even the central government has given until 2017 for compliance with the BS IV norms and no fuel station in Himachal Pradesh was selling BS IV automotive fuel.

"BS IV fuel is not available at a single fuel station in Himachal Pradesha, Makhija told the court.

As she said the NGT had imposed an environment charge in February too, the court said: "It must have been merged in the present environmental compensation charge."

The NGT order had further said that each vehicles that would be carrying more than six passengers would be paying environmental compensation of Rs.5,000.

It said that money collected by way of environmental compensation would be kept under a separate account and "shall be utilised only for the purpose of restoration of ecology and environment in the said eco-sensitive area" as per its directions.