Container Corporation of India Ltd. vs Ajay Khera 2024 INSC 31 – Environment Pollution (Prevention and Control) Authority Recomendations

Environment Pollution (Prevention and Control) Authority (‘EPCA’) Recommendations on the issue of shift to CNG/Hybrid/Electric – Directions issued – After examining recommendation 3.1, the Union of India shall formulate a policy of phasing out heavy­duty diesel vehicles and replacing them with BS­VI vehicles – The process of exploring the possibility of finding better sources, including CNG/Hybrid/Electric, for the use of heavy­duty vehicles shall continue;

Re: NGT observation to restrict the entry of diesel vehicles in the said ICDs at Tughlakabad by diverting these vehicles to the ICDs at Dadri, Rewari, Ballabhgarh, Khatuawas or any other ICD around Delhi so as to control the pollution in Delhi NCR – Citizens living in other parts of the country other than Delhi NCR also have a fundamental right to a pollution free environment as guaranteed by Article 21 of the Constitution of India. Such a fundamental right is equally enforceable by all and is not confined to the people of Delhi NCR. The NGT while protecting/safeguarding the above fundamental right of the people of Delhi NCR cannot allow infringement of the same fundamental right of the citizens living outside Delhi NCR. The observation of the NGT is totally unjustified and unwarranted. (Para 21)

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