The two ministries stood in stark contrast with one taking less than 12 hours to move a file on colour-coding petrol and diesel cars and the other allegedly sitting over the file for over three months.
Alarmed by the lackadaisical attitude of the Ministry of Law and Justice over the pollution levels in Delhi, the SC directed the government to find out why the Law Ministry officials failed to act despite air quality in Delhi dipping to "severe" levels.
The SC was all praises for the Ministry of Road, Transport and Highways (MoRTH) for swiftly preparing the draft notification on August 13, 2018 itself after the SC ordered colour-coded stickers to be rolled out by October 2.
Additional Solicitor General (ASG) ANS Nadkarni assured to get back to court on Thursday after speaking to the Law secretary.
The two ministries stood in stark contrast with one taking less than 12 hours to move a file on colour-coding petrol and diesel cars and the other allegedly sitting over the file for over three months.
The statutory body on air pollution, Environment Pollution (Prevention and Control) Authority, had in August 2018 recommended colour-coded stickers for private cars that would serve as the third number plate.
By the colour, one could distinguish what fuel it runs on. The MoRTH approved blue colour for petrol and CNG-based cars and orange for diesel. But the same could not be made mandatory pending the notification of amendment to the Motor Vehicles Rules, 1989. The stickers were to carry the registration date of vehicles as well.
Lawyer Aparajita Singh assisting the Court on behalf of EPCA submitted that had this recommendation been implemented, Delhi's pollution would not have been so severe this winter. She commended the MoRTH for moving the file the same day but wondered what kept the Law Ministry to kept it pending till date. The bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta told ASG Nadkarni, "We are accused of judicial activism but what about judicial in-activism?" The thought about curbing high pollution levels in Delhi had forced Court to set priority to this matter and pass necessary orders. But it was shocking to see how the concern of the Court and EPCA, complimented by MoRTH, was not shared by Law Ministry, Aparajita said. "This was the most important recommendation under our emergency measures, which if implemented could have helped us remove diesel cars off roads during severe pollution days," EPCA counsel added.
Tackling Capital Pollution
- On Aug 13, 2018, the SC ordered rolling out of colour-coded stickers for petrol, diesel and CNG vehicles in Capital by Oct 2
- The Ministry of Road, Transport and Highways prepared the draft notification within 12 hours on Aug 13 itself
- The Ministry of Law and Justice has not cleared the file till date even after three months
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