- (1.) WITH a view to tackle problems arising out of chaotic traffic conditions and vehicular pollution and not being satisfied with the steps taken by the concerned authorities in addressing themselves to those problems, this Court issued certain directions accepting the report of Bhure Lal Committee, as it was felt by the Court that any further delay in the performance of its duty by the Administration could not be permitted. At this stage, we are concerned only with the direction issued by this Court to the effect that all commercial vehicles which are more than 15 years old shall not be permitted to ply in the National Capital Territory of Delhi with effect from 2/10/1998.
(2.) AN affidavit has been filed by Shri S. Raghunathan, Principal Secretary-cum-Commissioner, Transport, Government of National Capital Territory of Delhi on 28/08/1998. The learned Solicitor General appearing for the Administration submits that phasing out and banning all commercial vehicles which are more than 15 years old by 2/10/1998 would lead to great hardship to the owners of those vehicles in particular and to the general public which makes use of those vehicles in general. It is, therefore, submitted by him that we may relax the rigour of the order regarding banning of 15 years old commercial/transport vehicles with effect from 2/10/1998 and he assures the Court that the Administration itself is keen to phase out all such vehicles gradually to ease the pollution level in the city. It is submitted that the ban order may be applied in phases. A chart has been filed by the learned Solicitor General giving a break-up of the count of the number of commercial/transport vehicles which have paid road tax at least once after 1/04/1997 yearwise. According to that chart we find that the number of commercial/transport vehicles are :- JUDGEMENT_206_8_1998Html1.htm Thus, the total number of vehicles which are more than 20 years old are 9,349. These vehicles are all commercial vehicles which have been registered and on which road tax has been paid.
(3.) THE count of vehicles which are more than 15 years but less than 20 years old are :- JUDGEMENT_206_8_1998Html2.htm To mitigate the hardship, as pointed out by learned Solicitor General and taking note of the assurance given by him, we modify our previous order and direct that : (a) all commercial/transport vehicles which are more than 20 years old (9,349) shall be phased out and not permitted to ply in the National Capital Territory, Delhi after 2/10/1998; (b) all such commercial/transport vehicles which are 17 to 19 years old (3,200) shall not be permitted to ply after 15/11/1998; (c) such of the commercial/transport vehicles which are 15 years and 16 years old (4,962) shall not be permitted to ply after 31/12/1998. ;