Saturday, Apr 06, 2002
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By J. Venkatesan
A three-Judge Bench headed by Justice B.N. Kirpal, passing orders in the "CNG pollution case", observed that the Centre should first allocate and make available CNG to Delhi and other air polluted cities of India. "It is only thereafter if any CNG is available that the same can be allocated to industries, preference being shown to public sector undertakings and power projects," it said. The Bench directed the Centre and all Government authorities to allocate and make available 16.1 lakh kg a day of CNG in the National Capital Territory of Delhi by June 30 for use by the transport sector; increase the supply of CNG whenever the need arises; prepare a scheme containing a timetable for the supply of CNG to other polluted cities of India and furnish the same to the court by May 9 and it would be open to the Centre to supply LPG in addition to CNG as an alternative fuel or to supply any other clean, non-adulterable fuel as the Bhure Lal Committee might recommend. The Bench pointed out that Articles 39 (e), 47 and 48A of the Constitution by themselves and collectively cast a duty on the state to secure the health of the people, improve public health and protect and improve the environment. "It was by reason of lack of effort on the part of enforcement agencies, notwithstanding adequate laws being in place, that this court has been concerned with the state of air pollution in the capital of this country", the judges observed and said that "lack of concern or effort on the part of various governmental agencies had resulted in spiralling pollution levels". The Bench had a dig at the Mashelkar Committee report for recommending that emission norms be laid down and that the choice of the fuel be left to the users. The Bench said that "the composition of the committee was such that none of its members was either a doctor, or an expert in public health. The report does not show any serious concern in protecting the health of the people. It is naive of the committee to expect that merely laying down fresh emission norms will be effective or sufficient to check or control pollution." Pointing out that CNG was not in short supply as contended by the Centre, the Bench said the CNG earmarked for the transport sector was diverted to industries in the neighbourhood of Delhi. "If there is a short supply of an essential commodity, then the priority must be for public health, as opposed to the health of the balance-sheet of a private company". Referring to the cancellation of the CNG allotment to Maruti Udyog Ltd, the Bench said "the proposed cut appears to be nothing more than an attempt to punish MUL because its Managing Director is a member of the Bhure Lal Committee, which had recommended CNG and, therefore, the Managing Director and this company must suffer". Pointing out that the continuing air pollution was having a more devastating effect on the people than what was caused by the Bhopal gas tragedy, the Bench said that in that case the whole nation was agitated and sought action and compensation from the multinational company, which was held responsible for the same. The Bench said that "here in the case of CNG, the shoe is on the other foot because the Government is not facilitating measures for clean air and water including the supply of CNG or any other clean unadulterated fuel. It is due to the lack of proper concern on the part of the governmental authorities that people are suffering from respiratory and other diseases."
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