Mercedes moves SC, says ready to pay environment cess on cars

The Supreme Court today agreed to hear on August 12 the plea of luxury car maker Mercedes-Benz offering to pay 1 per cent environment cess in a bid to overcome the ban on registration of vehicles with engine capacity of 2000 cc or more in Delhi and NCR.
Senior advocate Mohan Parasaran, appearing for Mercedes, mentioned the plea before a bench comprising Chief Justice T S Thakur and Justices A M Khanwilkar and D Y Chandrachud which posted the matter for hearing on Friday.
The former solicitor general said the company has offered to pay 1 per cent of the ex-showroom price of these cars as green cess on being permitted to resume sales in Delhi and NCR.

On July 4, the court had reserved its verdict on pleas seeking modification its order banning registration of diesel- run SUVs and high-end cars with engine capacity of 2000 CC and above in Delhi and National Capital Region (NCR), indicating that such vehicles may be allowed to be registered again on payment of one per cent of ex-showroom price as green cess.
The Ministry of Heavy Industry and Public Enterprises, which supported the automobile giants' bid for modification of the order, had, however, opposed the court-mandated imposition of green cess on buyers of big diesel cars and SUVs.
At the outset, Aparajita Singh, who along with senior

advocate Harish Salve have been appointed as amicus curiae in the matter, apprised the court about the prevailing situation in Delhi and NCR and referred to the report filed by the apex court-appointed committee, Environmental Pollution (Prevention and Control) Authority (PEA).

Sunita Narain of EPCA also termed the situation as a case of "public health emergency" and said it required close monitoring to ensure "stringent" enforcement of earlier directions of the Supreme Court.
On monitoring and restricting the inflow of trucks whose final destination is not Delhi from entering the capital, the bench inquired from the counsel of Delhi, Haryana and Uttar Pradesh about the procedures and protocol being followed.

"How do you regulate this? Do you ask vehicle drivers as to where they are going? What are the training given to policemen or toll operators," the bench asked, adding "what establishment have you (states) set up for diversion of traffic before they enter Delhi?"
The bench then inquired about the reported fact that the Delhi government has "severe" staff limitations to carry out such diversions.
Senior advocate Indira Jaising, appearing for the AAP-led Delhi government, apprised the bench about the actions taken in pursuance of the apex court directions on the issue.
"So far, we have acquired six vacuum cleaning vehicles. Two have been made functional," she said.

The bench enquired about the total requirement and when the government came out with the tender notice.
"Do you have any estimate as to how many such vehicles you want to get to deal with the situation," the bench asked.
Sixteen such vehicles are to be purchased, she said, adding "vacuum cleaning vehicles can be used on main roads and cannot be used on narrow arterial roads".
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The bench, which fixed the matter for further hearing on November 11, asked the Centre to apprise it of policy, if any, or a disaster management policy to deal with the pollution and said such situations have been witnessed in cities like Beijing and Singapore also.

Yesterday, the EPCA and Supreme Court lawyer R K Kapoor had filed a report and a PIL respectively and sought their urgent hearing saying it was a case of "public health emergency" which required close monitoring by the apex court.
The EPCA had termed the smog cover that has engulfed the national capital as the "worst" in last 17 years and said there was a need for "short-term emergency action and strict enforcement" of the court's directions for effective control of "toxic and dangerous air pollution".
EPCA, in its report, had said the PM 2.5 level, as recorded on November 5, is at 837.7 ug/m3 in Delhi, almost 14.4 times higher than tolerable standard limit of 60 ug/m3.

"EPCA would request the Supreme Court to closely monitor this critical situation so as to ensure that enforcement is stringent and that based on the level of risk, it can direct remedial action. We believe this is an extremely dangerous situation and one that needs drastic action - short term and long term - as current levels of pollution are extremely toxic and extremely hazardous for human health," the report said.
Listing out reasons for the present situation, it said "the key cause of this extremely high pollution that is seen in Delhi and its vicinity is a combination of factors - already high pollution in Delhi because of numbers of vehicles; unchecked construction and road dust and garbage burning; compounded by Diwali crackers and the burning of paddy residue by farmers in Punjab and Haryana and near still weather conditions without wind and the onset of winter."

The EPCA had blamed the authorities for current situation.
"Priority actions for control of pollution in winter are as follows: strict enforcement of ECC (environment compensation charge) on Delhi-bound trucks so that there is control on numbers, including enforcement to check and divert all non-Delhi bound truck traffic and age limit (as stipulated by Hon'ble Supreme Court).
"Ensuring the early introduction of RFID will improve compliance and enforcement of this measure," the EPCA had said.