Cheshire Tarzan v Union of India & Others

W. P. (C) No. 40778 of 2017 -1- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **WEDNESDAY, THE 15[TH] DAY OF DECEMBER 2021 / 24TH AGRAHAYANA,** **1943** **WP(C) NO. 40778 OF 2017** **PETITIONER/S:** **CHESHIRE TARZAN AGED 47 YEARS** **S/O LATE. K.K TARZAN, AGED 47 YEARS,KADAVIL HOUSE, MUTTATHIL LANE, KADAVANTHRA,KOCHI.20. BY ADV SRI.RAJESH VIJAYAN** ## **RESPONDENT/S:** - **1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF PETROLEUMAND NATURAL GAS, NEW DELHI.110001.** - **2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,MINISTRY OF TRANSPORT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.-695001.** - **3 TRANSPORT COMMISSIONER KERALA STATE, THIRUVANANTHAPURAM.695001.** - **4 KERALA STATE POLLUTION CONTROL BOARD PATTOM, THIRUVANANTHAPURAM-695004,REPRESENTED BY ITS MEMBER, SECRETARY.** - **5 DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, KAKKANAD.682030.** - **6 DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.-695001. BY ADVS.** - **SRI.M.A.VINOD, CGC FOR R1** - **SRI.P.SANTHOSHKUMAR, SPL GP FOR R2, R3, R5, R6 SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, FOR R4** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 40778 of 2017 -2- ## **J U D G M E N T** Shaji P. Chaly, J. This is a public interest litigation filed by a resident of Ernakulam, seeking a direction to the respondents, i.e. the Union of India, represented by the Secretary, Ministry of Petroleum and Natural Gas, New Delhi, the State of Kerala, represented by the Secretary to Government, Ministry of Transport, Government Secretariat, Thiruvananthapuram, the Transport Commissioner, Kerala State, Thiruvananthapuram, the Kerala State Pollution Control Board, Pattom, Thiruvananthapuram, represented by its Member Secretary, the District Collector, Ernakulam, Civil Station, Kakkanad and the Director General of Police, Police Headquarters, Thiruvananthapuram, respondents 1 to 6 in the writ petition respectively, not to grant renewal of permits to the diesel operated transport vehicles including auto rickshaws etc., plying in the major cities and towns of Kerala, especially Kochi City; issue a writ of mandamus directing the respondents to grant replacement to the existing diesel transport vehicles / auto rickshaws with LPG / CNG vehicles of the BS – IV standard; issue a writ of mandamus directing the respondents to take W. P. (C) No. 40778 of 2017 -3- steps, to completely phase out the BS – I and BS – II public transport vehicles, including auto rickshaws in major cities and towns of Kerala, within a specified period; issue a writ of mandamus directing respondents to give incentives or financial help to the operators who are replacing their old BS – II transport vehicles / auto rickshaws, and to those who are replacing their diesel autos with LPG / CNG driven transport vehicles / auto rickshaws, which would facilitate for faster replacement as done by few other States, and a further mandamus directing the Union of India, the 1[st] respondent, to provide adequate number of LPG / CNG outlets in Kochi and other major cities in Kerala, to facilitate faster replacement of engines. 2. The paramount contentions advanced by the petitioner is that the respondents are showing irresponsible attitude and callous indifference towards the pollution issue, which is going to be a major environment hazard throughout the country; that one of the main reason is the uncontrolled use of diesel engines in the vehicles, including public carriages, auto rickshaws, trucks etc; that pursuant to the direction issued by the Hon'ble Supreme Court as well as National Green Tribunal Principal Bench, the use and sale of diesel vehicles in the State of Delhi have been restricted; that due to uncontrolled use of W. P. (C) No. 40778 of 2017 -4- diesel vehicles, Delhi has become the most polluted city in the world today; that in order to protect the citizens of Kerala from a similar fate, it is just and necessary the preventive measures needs to be taken by the respondents in the matter, and that no policy formulation on the issue of curbing the use of vehicles using diesel engines, creates large amount of pollution, particularly in the cities like Ernakulam, Thiruvananthapuram, Thrissur, Kozhikode and Kannur, where people depends on auto rickshaws fitted with diesel engines for transport within the cities and thus causing large amount of pollution. 3. That apart it is submitted that the Greater Kochi area, which is the commercial hub of Kerala, ranks 24[th] among the Critically Polluted Areas (CPA) in the country and the density of vehicles in the city is the highest in Kerala. 4. It is also submitted that the diesel fumes and other pollutants in the air in Kerala is taking a heavy toll on its citizenry and outdoor air pollution has become the fifth largest killer in India after high blood pressure, indoor air pollution, tobacco and poor nutrition, as is evident from some of the studies. 5. Other contentions are also raised relying upon reports of W. P. (C) No. 40778 of 2017 -5- various agencies including the US Environmental Protection Agency and the International Agency for Research on Cancer. 6. Petitioner has also produced various newspaper reports, and a copy of the report on clean fuels in response to the order of the Hon'ble Apex Court dated 26.03.2001 and 27.04.2001 in the matter of W. P. (C) No. 13029 of 1985; M. C. Mehta v. Union of India and others. True copy of a report of the Centre for Earth Science and Environment is produced as Ext. P4 and a true copy of the report of the Expert Committee submitted to the Government of India in the year 2014 is produced as Ext. P5. 7. Relying upon the reports specifically referred to above, it is contended that the State Government is not taking adequate action to eliminate the diesel vehicles within the city limits, so as to avoid pollution and protect the interest of the larger public. 8. Other facts and figures are also pointed out by the petitioner to substantiate the contentions raised in the writ petition and the difference by and between the auto rickshaws and other transport vehicles of BS – I & II with the BS – IV vehicles, formulated by the Union Government. W. P. (C) No. 40778 of 2017 -6- 9. Therefore it is contended that the action of the State Government and the Central Government granting renewal of permits to auto rickshaws and other transport vehicles is violative of Article 21 of the Constitution of India, since such actions are interfering with the rights enjoyed by the citizens under Article 21 of the Constitution of India. 10. In the above background facts, petitioner seeks to grant the reliefs as are sought for in the writ petition. 11. Later, along with I. A. No. 1 of 2018, petitioner has produced a true copy of the representation dated 23.12.2017 submitted before the Union of India, State of Kerala and other State and district officials of the Government of Kerala and also seeks direction for disposal of Ext. P12 by the respective Governments. 12. It is submitted that if a direction is issued to consider Ext. P12 representation submitted by the petitioner, it would suffice the situation since the entire aspects in regard to the pollution caused by the diesel engines fitted to the transport vehicles is clearly demonstrated therein and that would be an eye opener to the respective Governments to consider the issues raised by the petitioner W. P. (C) No. 40778 of 2017 -7- and to take appropriate and suitable decisions, so as to phase out the diesel fitted vehicles within the city limits. 13. The State Government has filed a detailed statement refuting the allegations and contentions put forth by the writ petitioner. Among other contentions, it is also stated thus:- “3. In view of the directions of the Hon'ble National Green Tribunal and in order to ensure environmental sustainability and to reduce pollution as envisaged in the Electric Vehicle Policy of the Government of Kerala, the Government have decided to bring Air Pollution under control by implementing alternative fuels like Electrical Energy, Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG), Liquefied Natural Gas (LNG) in Auto Rickshaws older than 15 years, from 1[st] June, 2021. For this purpose. Government has amended the Kerala Motor Vehicles Rules, 1989, by inserting a new rule namely Rule 292 A, as per notification issued under G.O. (P) No. 15/2021/Trans dated, 24/05/2021 and published as S.R.O No.414/2021 in the Kerala Gazette Extraordinary No.1642 dated, 27/05/2021 by which no auto rickshaws older than fifteen years and powered by diesel fuel shall be permitted to be operated from 01/06/2021 unless they are converted into vehicles powered by electrical energy LNG, CNG or LPG. 4. As per GO(P) No.41/2018/Tran dated, 22/11/2018, Government of Kerala have directed the Regional Transport authorities to fix the limit for auto LPG/LNG/CNG/Electric Auto W. P. (C) No. 40778 of 2017 -8- Rickshaws in each of the cities of Thiruvananthapuram, Kochi and Kozhikode as 3000 numbers in which 2000 permits will be allotted only for electric autos and a separate quota of 1000 permits will be allotted to other fuels like CNG/LNG/LPG apart from the autorickshaw permits already fixed. 5. As per the e-vehicle policy, Government as per notification issued as G.O(P)No. 12/2021/Trans dated, 23/02/2021 published as S.R.O No.231/2021 in the Kerala Gazette Extra Ordinary and No.917 dated, 23/02/2021 have granted a reduction of 50% for a period of 5 years with effect from 01/04/2021 on the rate of tax levied u/s, 3 of the KMVT Act to new electric vehicles and exempt the tax on new electric auto rickshaws for a period of first 5 years on and from the date of their registration. As part of electric vehicles policy, Government as per GO(Rt) No.240/2020/Tran dated 15/07/2020 has accorded sanction for hiring electric vehicles from EESL through ANERT. Accordingly 71 electric vehicles were hired by the department for the SAFE KERALA project. 6. In order to encourage the use of electric vehicles, a subsidy of Rs.30,000/- has been granted to the owners of the e- autorickshaws, Charging stations are established at 32 centres in major cites with the help of Kerala State Electricity Board. An amount of Rs. 5 Crores has been given to Kerala State Electricity Board for the installation of the charging stations. 7. A special team under Joint Transport Commissioner (Enforcement), Transport Commissionerate has been formed for proposing a detailed action plan for public transport on CNG W. P. (C) No. 40778 of 2017 -9- mode. Oil Companies have been directed to set up CNG & LNG stations across the state. Land has been allotted at Anayara. The KSRTC, in tie -up with the IOC is trying to introduce CNG/LNG/electric buses. Private vehicles are also being converted to CNG. Tax rate on CNG / LNG has been reduced to 5% from 14.5%. We are promoting cleaner fuel i.e. Hydrogen through a pilot programme with fuel cell vehicles. 8. In order to ensure strict action against visibly polluting vehicles, the Motor Vehicles Department had conducted a special drive "Operation Green Awareness" from 15/04/2021 to 30/04/2021 to comply with the direction of the Hon'ble Green Tribunal. In this drive, strict actions were taken against visibly polluting vehicles. Awareness campaigns were conducted in each district by the Regional Transport Officers with the help of personnel from Pollution Testing Centers, NGOs and Vehicle Dealers. It is also decided to carry out the Green Awareness Program on the 2[nd] week of every month, jointly by the Regional Transport Officers and the Enforcement Team of each District from May 2021 onwards. 9. The Motor Vehicles Department is conducting pre - learners road safety awareness classes for the Driving License aspirants, in all Regional Transport Offices/Joint Regional Transport Offices in the State of Kerala. One of the major areas covered in such classes include Air Quality Control, its importance and measures to be adopted for controlling air pollution due to vehicle emission etc. Questions related to the pollution control due to vehicle emission are included in the questionnaire for learner's tests also. W. P. (C) No. 40778 of 2017 -10- 10. All the officers, especially officers of the enforcement wing of the Motor Vehicles Department have given strict direction to launch special drive for checking all the polluting vehicles. 6488 vehicles were checked far and e-chellan issued. A total amount of Rs.1,16,88,979/- (One Crore Sixteen Lakhs Eighty Eight Thousand Nine Hundred and seventy nine only) has been collected towards fine amount against visibly polluting vehicles during the period from 01/04/2020 to 31/03/2021. 11. Computerized pollution testing centers are launched in the state. All pollution testing centers were networked and linked with Parivahan site. The quality of testing centers have been improved. Web based Vahan PUCC module was implemented from 01/11/2020. 12. Government has imposed a green tax on transport vehicles that are more than ten years old and non-transport vehicles that are more than 15 years old from 01 January 2017. 13. Rule 52 of the Central Motor Vehicles Rule, 1989 provides for the provisions for Renewal of Certificate of registration. The Ministry of Road Transport and Highways as per the notification published as GSR 177 (E) dated 12.03.2021 has decided to insert a new rule. Rule 52A to the Central Motor Vehicles Rules, 1989, providing for the Non renewal of Certificate of registration of Government Vehicles, the draft of the said rule is as follows: “52A: Non-Renewal of Certificate of registration of Government Vehicles: Notwithstanding anything contained in Rule 52, in the case of motor vehicles, owned by W. P. (C) No. 40778 of 2017 -11- (i) Central Government and its Departments; (ii) State/UT Governments and their Departments; (iii) Local Government Institutions namely, the Municipal Corporations or Municipalities or Panchayats; (iv) State Transport Undertakings established under the Road Transport Corporation Act, 1950 (64 of 1950) and the Companies Act, 2013 (18 of 2013); [v] Public Sector Undertakings; (vi) Autonomous bodies with the Central Government and State Governments. The certificate of registration shall not be renewed after the lapse of fifteen years, as provided in sub section (7) of Section 41, from the date of such certificate." 14. As and when the draft rules has been finalized the Certificate of registration of the vehicles mentioned as items (i) to (vi) of rule 52 A shall not be renewed. 15. Also Kerala State Road Transport Corporation (KSRTC) is switching over to green fuels and it has been decided to convert nearly 3000 diesel buses into CNG or LNG. There is also a proposal to buy 50 electric buses. Government is evaluating a proposal for usage of ethanol along with diesel in a certain proportion so as to reduce the pollution level. Under the E-mobility schemes subsidies being provided to the e-auto rickshaws and also there is Rs.1.50 Crore set apart for the hydrogen cell technology. Government is also contemplating strengthening vehicle pollution control testing centers. 16. As per the amendment made to the proviso to Rule 81 of the Central Motor Vehicles Rules, 1989 through the Central W. P. (C) No. 40778 of 2017 -12- Motor Vehicles (Sixteenth Amendment) Rules, 2021 (G.S.R. 525E dated 02.08.2021) the Battery Operated Vehicles as defined in Clause (u) of Rule 2, shall be exempted from the payment of fees for the purpose of issue or renewal of registration certificate and assignment of new registration mark specified in SI. No. 4 of Table to Rule 81 of the Central Motor Vehicles Rules, 1989 with effect from 2[nd] August, 2021. 17. In order to ensure environmental sustainability and to reduce pollution as envisaged in the Electric Vehicle Policy of the Government of Kerala, the Government is duty bound to bring air pollution under control in a phased manner by implementing alternative fuels like Electrical Energy, Liquified Petroleum Gas (LPG). Compressed Natural Gas (CNG), Liquified Natural Gas (LNG) in Motor Vehicles in the State of Kerala. On considering the above said facts. the Writ Petition is devoid of merit and therefore it is liable to be dismissed.” 14. So also, as per the direction issued by this Court on 11.11.2021, a memo is filed producing the orders issued by the State Government in the subject issue in question and they are as follows:- 1. Government Order GO(P) No. 15/2021/Trans dated 24.05.2021. 2. Government Order GO(P) No. 12/2021/Trans dated 23.02.2021. 3. Government Order GO(Rt) No. 240/2020/Trans dated W. P. (C) No. 40778 of 2017 -13- 15.07.2020. 4. Government Order GO(P) No. 41/2018/Trans dated 22.11.2018. 15. Petitioner has also filed a reply refuting the contentions raised in the counter affidavit filed by the State Government and reiterating the stand adopted in the writ petition. 16. The Pollution Control Board has filed a report as per the direction of this Court on 22.07.2021, wherein it is submitted that the primary source of air pollution in urban areas is vehicular pollution, and the industrial and domestic sources of pollution comes only second to the vehicular pollution. 17. It is also stated that the Board is the statutory authority vested with powers to enforce the provisions of the Air (Prevention and Control of Pollution) Act, 1981 in the State; that the Board monitors the ambient air quality across the State under the National Air Monitoring Programme and the State Air Monitoring Programme; that under these programmes, the Board has established 35 manual air quality stations and 9 continuous ambient air quality stations across the State. W. P. (C) No. 40778 of 2017 -14- 18. That apart it is submitted that the National Green Tribunal, Principal Bench has taken suo motu proceedings and registered Original Application No. 76 of 2017 based on a news item published in Malayala Manorama newspaper dated 25.03.2017 under the caption 'Black City', reporting that the black carbon in the atmosphere in Kochi is at least five times higher than the rate prescribed by the World Health Organization. 19. Similarly, Original Application No. 259 of 2017 was filed before the tribunal regarding the anticipated pollution that is likely to be caused in the State of Kerala due to vehicular emission and other emissions. 20. On 06.01.2020, after considering the pleadings in O. A. No. 259 of 2017, the National Green Tribunal appointed a Joint Committee comprising of (1) Central Pollution Control Board, (2) Ministry of Environment, Forest and Climate Change, Regional Office, Chennai, (3) Motor Vehicles Department, Kerala, (4) Kerala State Pollution Control Board, (5) Indian Institute of Technology, Chennai and (6) National Environment Engineering Research Institute, Chennai, among others, to consider the question of ambient W. P. (C) No. 40778 of 2017 -15- air quality in the State of Kerala, especially in the cities namely Thiruvananthapuram, Kollam, Kochi, Alappuzha, Kozhikode, Thrissur, Kasaragod and Kannur, and sources of pollution, and also long term and short term steps to be evolved for the purpose of reducing pollution index and improve ambient air quality in the State of Kerala, and to frame necessary time-line for implementing the directions given in Vardhaman Kaushik's case by the Hon'ble Apex Court in respect of banning of old vehicles and switching over to alternate clean fuel vehicles, including CNG and electric vehicles, and submit a report accordingly to the tribunal within a period of three months. The Kerala State Pollution Control Board was designated as the nodal agency for the said purpose. 21. The above Committee studied the ambient air quality from 22 manual stations and 8 continuous ambient air quality stations in 8 cities of the State of Kerala specified above, during pre and post lockdown periods in the year 2020. Other studies were also conducted in accordance with the directions issued by the National Green Tribunal. 22. However, the State Pollution Control Board has submitted that the air quality of the above mentioned districts in Kerala is well W. P. (C) No. 40778 of 2017 -16- within the prescribed limits, but it may shift or vary due to vehicular emissions, burning of biomass, crop residues, solid waste, dust emission from roads, construction and demolished waste, industrial emission etc. Certain short term steps are suggested for improving the air quality which are as follows:- **==> picture [427 x 212] intentionally omitted <==** **----- Start of picture text -----**<br> Short Term Steps for improving Air Quality<br>SL. ACTION IMPLEMENTING<br>NO. AGENCY<br>1 Launching extensive awareness drive against Motor Vehicle Department<br>vehicular pollution<br>2 Ensuring strict action against visibly polluting Motor Vehicle Department<br>vehicles<br>3 Steps to prevent parking of vehicles in non Motor Vehicle Department<br>designated areas / State Police - Traffic<br>4 Introducing of wet/mechanized vacuum Local Self-Government<br>sweeping of roads Department<br>5 Controlling dust pollution at construction sites Local Self-Government<br>by providing appropriate covering system Department<br>6 Ensuring carriage of construction material in Police Department<br>closed / covered vessels<br>**----- End of picture text -----**<br> ## 23. The Pollution Control Board has also suggested long term steps for improving air quality, which are as follows:- **==> picture [427 x 184] intentionally omitted <==** **----- Start of picture text -----**<br> Long Term Steps for improving Air Quality<br>SL. ACTION IMPLEMENTING<br>NO. AGENCY<br>1 Retrofitting of diesel vehicles with particulate Motor Vehicle Department<br>filters<br>2 Installation of the vapour recovery system in Petroleum and Explosives<br>fueling stations Safety Organization<br>( PESO ) / Pollution<br>Control Board<br>3 Promoting battery operated vehicles Motor Vehicle Department<br>/ State Government<br>4 Banning of old diesel vehicles in a phased State Government<br>manner<br>**----- End of picture text -----**<br> W. P. (C) No. 40778 of 2017 -17- **==> picture [427 x 477] intentionally omitted <==** **----- Start of picture text -----**<br> 5 Undertaking Greening of open areas Local Self-Government<br>Department / Public Works<br>Department<br>6 Creation of green buffers along the traffic Local Self-Government<br>corridors Department / Public Works<br>Department<br>7 Development of a proper system for ensuring Local Self-Government<br>garbage / municipal solid waste / biomass / Department<br>leaves connection and disposal and to avoid<br>open burning<br>8 Promoting the use of LPG only and to avoid Local Self-Government<br>the use of kerosene / firewood in restaurants / Department<br>dhabas / roadside eateries<br>9 Introduce water fountains at major traffic State Highway Authority<br>intersection, wherever feasible of Kerala (SHAK) /<br>National Highways<br>Authority of India / Public<br>Works Department (PWD)<br>10 Take steps for blacktopping / pavement of Public Works Department<br>road shoulders to avoid road dust (PWD)<br>11 Prepare an action plan for public transport on Motor Vehicle Department<br>CNG mode<br>12 Ensure the proper collection of solid waste Local Self-Government<br>(biomass) Department (LSGD)<br>13 Ensure strict enforcement of the ban on Agriculture Department<br>burning of agricultural waste and crop<br>residues<br>14 Ensure strict action against industrial units not Pollution Control Board<br>complying with standards<br>15 Ensure DG sets meeting the standards only be Department of Electrical<br>allowed to operate Inspectorate / Pollution<br>Control Board<br>16 Undertake road widening and improvement of Public Works Department<br>infrastructure for decongestion of road (PWD)<br>**----- End of picture text -----**<br> 24. Be that as it may, the National Green Tribunal disposed of the Original Applications referred to above on 14.07.2021, with the following directions:- “i) Environment Department, Government of Kerala is directed to conduct the study. The committee appointed by this Tribunal is directed to provide necessary guidance for the study W. P. (C) No. 40778 of 2017 -18- as envisaged by them in the reports primarily in Thiruvananthapuram and Kochi and submit a periodical reports to this Tribunal at an interval of once in 3 (Three) months regarding the progress of the work, so that, if there is any gap found or any lethargic attitude is noticed in conducting the study, this Tribunal can give necessary direction to expedite the study and submit reports. The study shall also cover the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.681 of 2018 and connected cases in respect of 102 critically air polluted cities in India and incorporate necessary recommendations to implement the same as well. ii) The respective State departments namely, Public Works Department (PWD) and Transport Department are also directed to carry out their plan of action for phasing out the old diesel vehicles replaced with new model/new generation vehicles like, gas, electricity and green and clean fuel vehicles and submit the progress of the implementation of all those schemes on quarterly basis for assessment of progress to be considered by this Tribunal. iii) After completion of study in respect of the two major cities namely, Thiruvananthapuram and Kochi, model guidelines may be framed to resolve the issue and then the same guidelines can be adopted to be implemented in other cities as well, so as to solve the problem permanently. The committee members may be actively involved in evaluation of the study report and in formulation of model guidelines. iv) The Principal Secretary for Department of W. P. (C) No. 40778 of 2017 -19- Environment, State of Kerala will act as nodal agency for coordination of all the committee members to supervise the study and also for coordinating with the different departments to implement the recommendations and the respective departments are also directed to submit their periodical reports once in 3 (Three) months to this Tribunal for evaluating the progress of the work done by them. (v) The Chief Secretary, State of Kerala is also directed to supervise the implementation of the schemes envisaged by each department to resolve this issue and provide necessary logistics including funding and technical for the concerned departments to quicken the process of implementing the schemes, (if any) required from the Government side and that should not be a hindrance for the concerned department to implement the scheme. (vi) The Registry is directed to communicate this order to the Chief Secretary, State of Kerala, Principal Secretary for Environment, State of Kerala, Public Works Department (PWD), Revenue Department, Transport Department, members of the committee and also to the other official respondents who are expected to implement the directions of this Tribunal for their information and compliance of the direction. vii) The Office is directed to place the reports, as and when received from the authorities including the Committee before this Bench for consideration and also for giving further directions (if any) required.” W. P. (C) No. 40778 of 2017 -20- 25. We have heard learned counsel appearing for the petitioner Sri. Rajesh Vijayan, learned Special Government Pleader Sri. P. Santosh Kumar for the State and its officials, Sri. M. A. Vinod, learned Central Government Counsel for the Union of India, Sri. T. Naveen for the Kerala State Pollution Control Board and perused the pleadings and material on record. 26. The elaborate discussion made above would make it clear that various developments have taken place during the pendency of the writ petition. In order to curb the pollution caused by the diesel auto rickshaws and the transport vehicles, the State Government have also issued various orders to phase out the diesel transport vehicles, in order to eliminate pollution to a large extent, and consequently, the Kerala Motor Vehicles Rules, 1989 is amended to suit the situation to phase out the diesel transport vehicles. 27. It is also clear from one of the Government Orders that the amendments are carried out to the Kerala Motor Vehicles Taxation Act, 1976, to grant reduction of 25 percent tax, on and with effect from 01.04.2020, so as to promote new electric vehicles powered by electricity, and a reduced rate of tax for electric vehicles for private W. P. (C) No. 40778 of 2017 -21- use, electric motor cycles, electric motor cars and electric private service vehicles for personal use. 28. The State Government has also issued a Government Order dated 04.06.2018, according sanction to the Safe Kerala Project, with a view to reduce traffic offences, and increase enforcement activity, and also to hire vehicles and drivers needed for enforcement activity on wet lease basis. 29. Government has also issued directions to hire electric vehicles from Energy Efficiency Services Limited, through a Government organization called ANERT. Several steps are also seen taken by the State Government, in order to phase out the diesel vehicles. 30. We are also of the opinion that from the report filed by the Kerala State Pollution Control Board, it is explicit that the National Green Tribunal has taken note of the situations prevalent in the State of Kerala, consequent to the use of diesel transport vehicles, and a Committee was appointed in order to study the situations within the selected districts of State of Kerala and to give a report. Apparently, the Committee has studied the issues taking into account various W. P. (C) No. 40778 of 2017 -22- factors and submitted a report before the National Green Tribunal, and it was accordingly that the tribunal has issued several directions while disposing of the original petitions which are extracted above. 31. Therefore it can be seen that the issues addressed by the petitioner in the writ petition are taken care of by the State Government, the Union Government as well as the National Green Tribunal. 32. In that view of the matter, we do not want to complicate the issues by directing the Union as well as the State Government to consider Ext. P12 representation submitted by the petitioner, suggesting ways and means for eliminating the pollution caused due to the emission from the diesel transport vehicles. 33. This we say because already the National Green Tribunal dealing with environmental laws and a specialized body with technical experts has issued necessary directions, so as to ventilate the grievances of the citizens within the State of Kerala. 34. It is also apparent that the State Pollution Control Board has made various short term and long term suggestions to curb the pollution. Therefore, necessarily, on the basis of the directions issued W. P. (C) No. 40778 of 2017 -23- by the National Green Tribunal, the State Government would have to take appropriate action, in accordance with law, and in the intervening circumstances, if we issue a direction to consider Ext. P12 representation submitted by the petitioner would only complicate the issues, and if any directions are so made, we would be venturing ourselves in ignoring the directions issued by the National Green Tribunal, which is a specialized body dealing with the pollution aspects, with the support and assistance of technical members. 35. In that view of the matter, we do not think at this stage of the proceedings, any direction is required as is sought for by the petitioner in the writ petition. 36. Therefore we dispose of the writ petition recording the above aspects and directing the State Government to take adequate action, in order to implement the orders issued by the State Government referred to above, the amended Kerala Motor Vehicle Rules, 1989 and the directions issued by the National Green Tribunal, at the earliest possible time. We are also hopeful that the State Government would take adequate action to phase out the diesel vehicles step by step from the W. P. (C) No. 40778 of 2017 -24- city limits, and thus curb the nuisance and the pollution occurring, consequent to the emission generated from the diesel transport vehicles within the city limits. **Sd/S. MANIKUMAR CHIEF JUSTICE** **Sd/SHAJI P. CHALY JUDGE** Eb ///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 40778 of 2017 -25- ## **APPENDIX OF WP(C) 40778/2017** |**PETITIONER EXHIBITS**|**PETITIONER EXHIBITS**| |---|---| |**EXHIBIT P1**|**TRUE COPY OF THE RELEVANT PAGE OF**| ||**NEWSPAPER REPORT DATED 6.4.2012 OF**| ||**SCIENTIFIC AMERICAN**| |**EXHIBIT P2**|**TRUE COPY OF THE RELEVANT PAGE OF**| ||**NEWSPAPER DATED 01.02.2017.**| |**EXHIBIT P3**|**TRUE COPY OF THE REPORT ON CLEAN FUELS**| ||**IN THE MATTER OF M.C MEHTA VS. UNION OF**| ||**INDIA AND OTHERS.**| |**EXHIBIT P4**|**TRUE COPY OF THE REPORT BY THE CENTRE**| ||**FOR SCIENCE AND ENVIRONMENT.**| |**EXHIBIT P5**|**TRUE COPY OF THE REPORT OF THE EXPERT**| ||**COMMITTEE SUBMITTED TO THE GOVERNMENT**| ||**OF INDIA IN THE YEAR 2014.**| |**EXHIBIT P6**|**TRUE COPY OF THE NOTICE OF WEST BENGAL**| ||**PUBLIC VEHICLES DEPARTMENT DATED**| ||**11.8.2008.**| |**EXHIBIT P7**|**TRUE COPY OF THE GOVERNMENT ORDER OF**| ||**THE TAMIL NADU HOME DEPARTMENT DATED**| ||**13.5.2010.**| |**EXHIBIT P8**|**TRUE COPY OF THE ORDER OF THE TRANSPORT**| ||**DEPARTMENT, NEW DELHI.**| |**EXHIBIT P9**|**TRUE COPY OF THE ORDER OF NATIONAL**| ||**GREEN TRIBUNAL, PRINCIPAL BENCH NEW**| ||**DELHI IN ORIGINAL APPLICATION**| ||**NO.21/2014.**| |**EXHIBIT P10**|**TRUE COPY OF THE ORDER OF THE**| ||**GOVERNMENT OF ANDHRA PRADESH DATED**| ||**5.9.2012.**| |**EXHIBIT P11**|**TRUE COPY OF THE ORDER OF THE**| ||**GOVERNMENT OF KARNATAKA DTD.4.7.2017.**|