SC to peruse NGT order to levy environmental charge on commercial vehicles

New Delhi: The Supreme Court on Thursday decided to peruse the National Green Tribunal (NGT) order directing the payment of environmental compensation charge by commercial vehicles entering Delhi, before proceeding with the hearing of a plea seeking levy of similar charges on polluting vehicles.

"I have heard some order has been passed by the NGT. I have asked for a copy of the order," a three-judge bench headed by Chief Justice H L Dattu said while fixing the matter for hearing on Friday.

When senior advocate Harish Salve, who is the amicus curiae in a 1985 PIL filed by environmentalist M C Mehta, insisted that the apex court itself proceed with the hearing on his application, the bench said, "We are not saying no. Let us have a look at the NGT order."

Sharing the concern of the senior lawyer, the bench, also comprising Justices Arun Mishra and Adarsh Kumar Goel, said it would circulate the copy of the NGT's order among the lawyers concerned and would hear the matter tomorrow itself.

The bench also sought suggestions from Salve, Solicitor General Ranjit Kumar, representing the Centre, and senior advocate Dushyanat Dave, appearing for the Delhi government, on ways to tackle the problems caused by entry of heavy commercial vehicles in Delhi from neighbouring Haryana and Uttar Pradesh.

The court also asked Salve to intimate the counsel for the two states to be present tomorrow to assist it. Seeking enforcement of principle of Environment Law that the polluter has to pay, Salve, in his fresh plea, has sought levy of 'pollution compensatory charges', along with toll tax, on commercial vehicles criss-crossing the national capital.

The NGT on Wednesday acted tough on rising vehicular pollution in the national capital and directed all commercial vehicles entering Delhi to pay environmental compensation charge, in addition to the toll tax. The green panel had ordered that the compensation would be payable at the rates of Rs 700 for two-axle vehicles, Rs 1,000 for three-axle and Rs 500 for four-axle and above.