‘NGT is empowered to order govt for banning old vehicles’

It recalled a judgment by the tribunal in July 2014 which declared the NGT to be a “court”, holding that it has “all the trappings” of a judicial body.

NGT, NGT old vehicle, old vehicle ban, ban vehicle, delhi old vehicle ban, delhi news Lending its support to the National Green Tribunal (NGT), the Supreme Court on Monday said the tribunal is empowered to issue directives to the Centre for banning vehicles more than 15 years old from plying on Delhi roads.

A bench of Chief Justice H L Dattu and Amitava Roy refused to entertain an argument that the NGT cannot exercise powers of a constitutional court and issue directives to the Centre for implementing its orders in the National Capital Region (NCR) or across the country.

[related-post]

“Yes, it (NGT) can…it certainly can (issue such orders). We see nothing wrong with the tribunal issuing directions to the Union of India,” said the bench while declining to admit a PIL against the NGT order imposing the ban.

Story continues below this ad

On April 8, picking up several points brought out in the ‘Death by Breath’ series, an ongoing investigation by The Indian Express on the quality of air in Delhi, the NGT had issued a fresh ban on all diesel vehicles more than 10 years old from plying in the NCR.
In November 2014, it had prohibited vehicles over 15 years old from plying in Delhi. However, the operation of the order is currently put in abeyance by the NGT, which awaits “reasoned and scientifically supported views” on the issue by the central and state governments.
The PIL had been filed by lawyer Vishaal Shripati Jogdand. The bench was of the view there was nothing wrong with the tribunal issuing the prohibitory order, either on merits or on the ground of its authority.

It recalled a judgment by the tribunal in July 2014 which declared the NGT to be a “court”, holding that it has “all the trappings” of a judicial body. The judgment also ruled that the NGT can exercise the powers of judicial review and examine the validity of notifications passed under different laws.

“This order by the NGT has not been stayed by this court any court and so it holds good. The tribunal gave a comprehensive judgment saying it has all the powers of a court..powers of a civil court as well as a high court. Since this judgment has not been stayed, it still holds good,” held the bench.

It asked the petitioner to approach the tribunal with all the grievances, compelling his lawyer to withdraw the PIL. The petition contended that not the age of the vehicles but their fitness should be the criteria to stop them from plying on roads.It said that the NGT could not substitute by its order what has been written in the Motor Vehicles Act, which did not put a ban on vehicles older than 15 years.

Stay updated with the latest - Click here to follow us on Instagram

Tags:
NGT