The Supreme Court has directed the Centre to frame a policy within six months to replace heavy-duty diesel vehicles and replace them with BS VI vehicles, observing that the right to clean air is not the entitlement of people living in Delhi alone.

“The issue of pollution, particularly air pollution, has been a cause of concern for the last few decades. Air pollution directly affects the fundamental rights of the citizens guaranteed under Article 21 of the Constitution of India. The right to life guaranteed under Article 21 includes the right to live in a pollution-free environment. The issue of air pollution is of a great deal of importance to every citizen. Air pollution affects citizens’ quality of life. It adversely affects health,” the top court said.

The apex court asked the Centre to examine the recommendations made by the Environment Pollution (Prevention and Control) Authority, which has been set up by the Court to improve the air quality of Delhi-NCR.

The court asked the Centre to explore the possibility of using hybrid/electric/CNG for heavy vehicles.

The top court hearing an appeal filed by the Container Corporation of India Ltd (CCIL) against the National Green Tribunal’s March 8, 2019, order, which stated that the diesel vehicles should stop visiting the Inland Container Depot (ICD) at Tughlakabad in Delhi and shift to electric, hybrid and CNG vehicles in a phased manner.

Criticizing the NGT verdict, the apex court said that the Tribunal’s orders were unjustified and unwarranted in restricting diesel vehicles in the national capital to control air pollution as if people living here are entitled to a pollution-free environment and not those living in other parts of the country.