SC raps Delhi govt opposition to remote sensing technology

“Don’t you want our children to live in good quality air,” a bench of justices Arun Mishra and Deepak Gupta wondered, after it was told that the Delhi government was not open to the suggestion to purchase five machines but only two.

The Supreme Court on Monday rapped the Delhi government for its opposition to the use of remote sensing technology, which will assist the authorities in identifying polluting vehicles, even as it asked the Union ministry of road transport and highways (MoRTH) to work out a legal framework for introducing the system.

The Supreme Court on Monday rapped the Delhi government for its opposition to the use of remote sensing technology. (Amal KS/HT PHOTO)

“Don’t you want our children to live in good quality air,” a bench of justices Arun Mishra and Deepak Gupta wondered, after it was told that the Delhi government was not open to the suggestion to purchase five machines but only two. In an affidavit filed before the top court, Delhi Transport Department objected to the Environment Pollution Control Authority (EPCA) suggestion to purchase five machines to identify polluting vehicles.

“Why only one or two (machines), why not five?” asked the court, adding that Delhi has had the best air quality in the last two days. “We are taking up this matter day in and day out to ensure clean air,” said Justice Mishra, expressing his serious concern over the objections filed by the Delhi government. “You can raise valid objections,” he said.

Senior advocate Aparajita Singh, who is assisting the top court as an amicus curiae in the pollution matter, said air quality in Delhi has been at its best after such a long period only due to the orders passed by the court.She pointed out that transport ministry has agreed to amend the law, as suggested by EPCA. A committee shall be constituted to prepare a legal framework to specify the threshold for pollutants.

In its affidavit, the ministry sought six months to complete the formalities. However, the bench said it wants to know the status after two months. “All this (improvement in air quality) has happened only because of the court,” Singh told the bench.

Delhi Transport department has objected to the study conducted by International Centre for Automotive Technology (ICAT), which scanned about 1.76 lakh vehicles and found the remote sensing technology to be useful. It said that the number of devices can be increased once sufficient experience is gained by the Delhi transport department and challenges in implementing the remote sensing in India and challenges are overcome.

The road transport ministry affidavit said considering the “diversity and extensiveness” of the country, the system of remote sensing programme for monitoring on-road emission of vehicles would be possible only on limited stretches.

SC had in July asked the Centre and the Delhi transport department to respond to the EPCA report. According to the EPCA it had held a meeting on July 16 with all stakeholders or government agencies, including MoRTH and Delhi transport department.

According to EPCA, the remote sensing technology would help in checking the emission of particulate matter (PM) along with hazardous gases such as nitrogen oxide (NOx) and sulphur oxides (SOx). Singh had earlier informed the apex court that the technology was already implemented successfully in Kolkata.

Social functions

The Supreme Court on Monday ordered the personal appearance of Delhi chief secretary on August 23 to apprise the court of the policy on holding social functions and marriages in hotels, farmhouses and low density residential areas.

A bench comprising justices Arun Mishra and Deepak Gupta gave this direction after the Delhi government counsel said the policy was finalised and the Delhi Development Authority (DDA) will have to notify it.

But when the judges enquired from the DDA counsel on how much time would it required to notify the policy, the lawyer said the policy was not submitted to the DDA yet.

“As per my instructions, we (Delhi government) have sent it to the DDA,” the Delhi government’s lawyer said, adding, “Within two days, I will make sure that it (policy) is sent to the DDA.”

To this, the bench said, “Let the chief secretary of Delhi be present in the court on Friday (August 23)”.

At the outset, the Delhi government’s counsel said that the apex court had earlier asked it to explain as to under which provision of the law it has framed the policy.