M.C. MEHTA Vs. UNION OF INDIA (UOI) AND ORS.
LAWS(SC)-2015-10-103
SUPREME COURT OF INDIA
Decided on October 09,2015

M.C. MEHTA Appellant
VERSUS
UNION OF INDIA (UOI) AND ORS. Respondents

JUDGEMENT

- (1.) The issue relates to steps to be taken to check pollution by commercial traffic travelling from North India towards Jaipur and onwards via Delhi.
(2.) It has been pointed out that even though alternative routes are available for such traffic, only reason for such traffic entering into Delhi is to save higher rate of toll tax in taking such alternative routes. In the process, pollution caused by such traffic inflicts heavy cost on the health of the residents of Delhi. To tackle this situation an "Environment Compensation Charge" (ECC) may be required to be imposed on all light and heavy duty commercial vehicles and the amount so collected ought to be exclusively used for augmenting public transport and improving roads, particularly for most vulnerable users, that is, cyclists and pedestrians in Delhi.
(3.) Reference has been made to a report prepared by the Environment Pollution (Prevention and Control)) Authority (EPCA) (constituted under the provisions of Environment Protection Act, 1986) on "strategies to reduce air pollution from trucks entering and leaving Delhi". According to the said report, a study was commissioned by the Centre for Science and Environment to M/s. V.R. Techniche Consultants Pvt. Ltd. According to the study, the commercial vehicles entering Delhi spew close to 30 per cent of the total particulate load and 22 per cent of the total nitrogen oxide load from the transport sector. About 23 per cent of the commercial vehicles and 40-60 per cent of the heavy trucks entering Delhi were not destined for Delhi. NH 71 and NH 71A are toll roads connecting Rewari to Panipat via Jhajjar and Rohtak and this alternative route obviates the need to travel through Delhi. Thus, apart from the MCD toll, it was necessary to impose ECC to equalize the difference in cost in travelling through alternative routes.;


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