HC to decide fate of odd-even formula on Jan 11

The odd-even scheme for private vehicles to improve air quality in Delhi would continue at least till Monday when the Delhi High Court decides its fate, as the AAP government today claimed that pollution levels had gone down in the eight days it has been in force.
"We will pass an order on Monday (January 11)," a bench of Chief Justice G Rohini and Justice Jayant Nath said after conclusion of arguments, with Delhi government defending its stand on the issue saying the per capita toxic gas emission had declined due to lesser number of cars on city roads and sought that the scheme be allowed to run as scheduled.

"This winter, out of all the severe smog episodes so far (with several consecutive days in severe category), the peak pollution during odd-even programme has been lowest. This shows that despite the hostile weather conditions ... The peak pollution during odd-even scheme has been much lower.
"The earlier smog episodes have seen much higher peaks and much more rapid build up compared to the rise that happened during the first week of odd-even programme. This proves that reduced traffic volumes have arrested the peaking of pollution. This validates the importance of the emergency action," the Delhi government said.
The AAP government's response came two days after the high court questioned the impact of the odd-even operation on pollution and asked it to consider restricting the programme, slated for a fortnight till January 15, to a week.

Senior advocate Harish Salve, appearing for Delhi government, said the programme was implemented as an emergency action to arrest the high emergency peak when the overall pollution levels were 5-6 times higher than the standards.

"This is needed to protect public health in a city where every third child has impaired lungs," he said while referring to a report prepared by Environment Pollution (Prevention and Control) Authority (EPCA) of National Capital Region (NCR).
Salve further submitted that EPCA has recommended that "the Delhi government must be permitted to continue with the odd-even vehicle rationing scheme beyond 15 days, if adverse weather conditions continue".

Delhi High Court Bar Association President Rajiv Khosla,
one of the petitioners challenging the December 28, 2015 notification implementing the scheme, said the data submitted by the Delhi government was not correct and the particulate matter across the capital showed a rising trend despite the scheme being in place since January 1.
Salve, who was accompanied by Delhi Transport Minister Gopal Rai, Centre for Science and Environment Director General Sunita Narain, other AAP leaders and Delhi government's senior standing counsel Rahul Mehra, submitted that the scheme was for the benefit of the people.
Salve said the national capital was piloting its first- ever emergency action to reduce peak pollution levels.

"This is consistent with global best practices. Vehicles that are second highest emitters in the city are responsible for very high exposure and health impacts. The first few days of the programme have already demonstrated that peak pollution levels are lower than the normal smog peaks of the season despite the adverse weather conditions," Salve said.
He said the scheme is also aimed at reducing congestion on the capital's roads that has further contributed towards lowering of pollution.
"Emissions from vehicles caught in the congestion increase two times due to idling and frequent acceleration and deceleration," the Delhi government submitted.

It contended that particulate and nitrogen oxide load from cars have come down during the odd-even programme by as much as 40 per cent and higher share of pollution benefits have come from reduction in the number of diesel cars.
"This is not the only action that is being taken in the city to arrest runaway air pollution. The Supreme Court has taken firm steps to check heavy commercial vehicles from entering Delhi. It has also issued directions on enforcement of construction and road dust as well as garbage burning.
"The Delhi government is also bringing action against the Badarpur Thermal power plant. The odd-even scheme is designed for immediate relief as it takes off the roads almost half the private cars which contribute to pollution from their tail- pile and pollution because of congestion," it said.

Delhi government's counsel also submitted that the people of Delhi and neighbouring states were following the rule, reflecting their cooperation and desire to be part of the solution to check this toxic and deadly air pollution.
"It is clear that we need to do more and not less to arrest air pollution and also make this scheme more successful by reducing exceptions," Salve said, adding that Delhi government "should now work for more public transport so that the city can go car-free more often".
The court was hearing bunch of petitions filed by various individuals, including lawyers, who have challenged the AAP government's December 28, 2015 notification imposing the scheme which allows private cars bearing odd registration numbers to ply on odd dates and those with even numbers on even dates.