Supreme Court okays green

levy on trucks entering Delhi

Detailed order, to be passed on Monday, will consider green tribunal's decisions

The Supreme Court on Friday gave an in-principle approval to impose an environmental

levy on all commercial vehicles entering the national capital. It said it would give a
detailed order in this regard on Monday, adding it would take into consideration the
decisions of the National Green Tribunal (NGT), which had passed a similar order on
Wednesday.
Senior counsel Harish Salve, appointed by the court to assist in environmental matters,
has suggested the levy collected be handed over to the Delhi government on a daily
basis, which would set up a fund. The fund, he added, could be used to improve roads,
especially for the benefit of pedestrians and cyclists.
A bench of the apex court, headed by Chief Justice H L Dattu, heard the concerns of the
parties the governments of Delhi, Uttar Pradesh and Haryana related to the
emission of fumes in the capital. Subsequently, it said it would pass an order that would
supersede the one by the NGT; the order will be implemented on an experimental basis
for four months.

ALSO READ: Appeals against green min to lie with new body not NGT
It is likely the order will exempt ambulances, passenger vehicles and those carrying food
items and essential commodities such as oil.
Truckers have protested the move. Naveen Gupta, secretary general of the All India
Motor Transport Congress, told Business Standard, We are not against the proposed
order but the government should tackle the problem in a holistic manner. Rather than
only targeting us, more trees should be planted and oil companies should improve fuel
quality. He said transporters wouldnt bear the extra burden, adding it would ultimately
be passed to the consumer.
Salve has submitted his recommendations and these are likely to be incorporated into
Mondays order. Salve had urged an environmental levy be charged on the grounds that
commercial vehicles, while transporting goods to various parts of the National Capital
Region, passed through Delhi to save on high toll taxes.

Informing the judges that 22,800-38,000 trucks entered Delhi every day, Salve
suggested an environment compensation charge of Rs 700 on all light-duty vehicles
and two-axle trucks, and Rs 1,300 on three-axle trucks and above.
He added though the number of entry points into the capital was 127, only nine
accounted for 75 per cent of all commercial traffic. He, however, conceded these figures
are muddled.
If the Supreme Court accepts the rates suggested by Salve, and if the sample data
available with the Centre for Science and Environment are considered, the authorities
could collect Rs 4.43 crore daily as environmental levy.
Recently, the CSE had claimed the actual number of trucks entering the capital was 70
per cent higher than the Municipal Corporation of Delhis estimate. On an average,
38,588 commercial vehicles (excluding taxis) entered Delhi through the nine entry

points, a CSE study showed.

Appeals against green min to

lie with new body not NGT
Amendment to law proposes fines ranging from Rs 1,000 to Rs 20 crore; prison terms up to life

In what would reduce the powers of quasi-judicial National Green Tribunal (NGT), the
Union government has proposed junior-level administrative authority appointed by it
become the first point of appeal against decisions and clearances of the environment
ministry. At the same time, the Union government has proposed a quantum increase in
penalties and jail terms for substantial damage to the environment. The proposals come
as draft amendments to the existing Environment Protection Act, 1986 and the National
Green Tribunal Act, 2010. The amendments, along the lines proposed by the T S R
Subramanian committee report, have been put out for public comments.
At the moment, NGT is the first court of appeal against all clearances given and
decisions made by the environment ministry, under the forest conservation and the
environment protection law, besides others. These include the crucial environment and
forest clearance that many industries, development projects and mining sectors require.
It is also empowered to hear and adjudicate on all cases which raise substantial
questions of environmental policy. An appeal against decisions of NGT lies only with the
Supreme Court and no civil court in the country is permitted to hear cases that come
under the NGTs purview.
The government proposes to change that. It has suggested an adjudicating authority
appointed by a selection committee it decides upon will become the place for first appeal
against the decisions of the environment ministry. The draft leaves it open for the Union
government to later decide who can be appointed to the selection committee. It also
leaves open to the Union government to decide how the selection committee shall
recommend officials to sit on the adjudicating authority.
A person who is or has been a district judge or an officer serving as director in the Union
government or joint secretary in the state government (both classes additionally
requiring law degrees) can be hired as the adjudicating authority by the Union
government. The term of members on the authority will be for five years. They can be
removed by the Union government for proven misbehaviour or incapacity after an inquiry
by a high court judge or a governments officer of higher rank. The Central government
shall decide the rules for such inquiries and also hold the power to suspend the
adjudicating body member while such inquiries are being conducted.
The NGT judicial members, in contrast, could not be removed without an inquiry by a
Supreme Court justice and on conditions that he or she had either abused his office,
become insolvent , convicted of an offence, become physically or mentally incapable, or
acquired interest that would prejudice her or his functioning.

While creating an administrative authority as the agency to which first appeal

against environment ministry decisions will lie, the NDA government has proposed
substantial increase in penalties for environmental violations. Anyone indicted for
causing substantial damage to the environment, the government proposed to fine
between Rs 5 and Rs 20 crore and a jail sentence between seven years to life
imprisonment as punishment depending on the area impacted and the extent of
damage.

Will imposing an environmental levy

on all commercial vehicles entering
big cities in India address pollution
problem? What are the implications
of such a move? Critically examine.
Indian cities has been grappling with issues of severe pollution in recent times. Delhi has
been identified as one of the most polluted cities of the world. Some studies have shown
that lungs of children in Delhi are weak than other cities of India.The prime cause for
severe air pollution is vehicular emissions by heavy commercial vehicles running on low
class diesel with limited emission control systems.
Therefore the recent verdict of supreme court to levy green tax in form of tolls over light
and heavy commercial vehicles entering Delhi is a welcome step. It would help in
controlling the pollutants and maintaining the ambient quality of air of Indian cities. The
implications are :
a. It has been observed that trucks and other heavy vehicles are preferring to enter cities
in night due to higher tolls on the other roads. This levy would reduce this arbitrage and
force trucks to use the bypass roads
b. The fund collected by the polluting vehicles could be mobilized by governments for
better pollution monitoring and mitigation functions.
But, solely relying on environment levy would not be solution for the pollution problem
efforts should be done to phase out and retrofit old vehicles in a gradual way. Farmers
surrounding cities should be counselled not to burn crops residues which usually spills
into cities atmosphere. A sustainable public transport mechanism should be
implemented. Moving in a rapid way towards Bharat VI standards of emission norms
would be highly imperative to control the menace of air pollution. Also initiatives like car

free Tuesdays in gurgaon may be taken so as to reduce pollution as well as raising

awareness in public about its usefulness.

Rising pollution levels in metropolitan cities like Delhi has created a cause of concern to
the nation. To address this issue, recently apex court commenced to impose an
environmental levy on all commercial vehicles entering the national capital.
This is a positive move but it contains few glitches which have to be taken care
holistically:
1. High toll taxes at the bypasses led to avoidance of these routes and instead using
routes that passes through dense areas.
2. More than 30 percent vehicles are exempted like ambulances, passenger vehicles and
those carrying food items and essential commodities such as oil, which also emit huge
amount of pollutant due to old vehicles.
3. Development activities in Delhi has reduced the forest cover drastically
Implication:
1. The levy with make the commodities more expensive.
2. People may indulge in wrong means to bring these commodities though different
vehicles instead of Trucks.
It is hence required that government should tackle the problem in a holistic manner,
trying to bring new solutions rather than imposing new levies.

--The recent proposal to levy a certain fees on all commercial vehicles entering Delhi, has
been given in the wake of increasing pollution in the capital. Such a move looks
immature in nature, when the much larger number of private vehicles, already roam the
roads of the big cities, spreading much more pollution.
--The regular traffic jams often lead to release of more exhaust gases, as compared to
smooth running traffic. So, an extra environmental tax on such commercial vehicles is
highly unlikely to solve any problems.
--Implications:
1. Will hamper the trade and commerce in the region
2. People will begin to transport material in smaller installments in smaller vehicles, in
order to evade tax. This will eventually lead to increase in traffic
3. Decrease in goodwill of the govt among the public

--On the other hand, it can at least be quoted as a start, which can help in improving the
scenario of pollution in various regions. Simultaneously, the govt has also started the
initiatives of Car-Free days, which will prompt the citizens to use other modes of
transport, eventually leading to increase in usage of public transport or cycles.

The doctrine of Polluter Pays Principle, says that one who pollute should pay for the
damage done. In an era, when the whole world is combating pollution and global
warming, levying an anti-pollution cess for the commercial vehicles, entering into big
cities is a welcome move.
POSITIVE Implications:
- The money generated through the cess can be pooled as GREEN FUND for
ENVIRONMENT and ANTI-POLLUTION measures of government.
- This would deter the heavy commercial vehicles to enter into cities, which they do in
order to avoid toll taxes that further
hampers government revenue.
- This would be an initiative in the implementation of Euro VI norms in India and also it
would put pressure on auto-mobile industry to manufacture vehicles following this
norm.
-This would also help in decongesting the choking traffic.
NEGATIVE Implications
-Cess may lead to increase in prices of essential commodities,which would ultimately be
passed to the consumer.
-This may affect service of ambulances, passengers vehicles etc.
- The cess collection may cause harassment two commercial vehicle drivers/owners by
authorities.
Thus it can be concluded that positive implications outweighs negative implications.
However government need not be complacent just by imposing pollution tax. It is one of
the steps to discourage polluting environment. Also government should ensure that basic
services should not come within its ambit.