With the government’s air quality monitor, System of Air Quality and Weather Forecasting and Research (SAFAR), stating pollution levels in Delhi-NCR were expected to enter the “severe plus” or “emergency” category, the Supreme Court has issued notice to the Delhi government on a plea challenging the odd-even road rationing scheme in the national capital. A bench of Justices Arun Mishra and Deepak Gupta also directed the Delhi government and the Central Pollution Control Board (CPCB) to place before it the data of pollution in Delhi from October till 14 November this year. The bench also directed them to submit pollution data from 1 October to 31 December, 2018.
The petition, filed by a Noida-based advocate, has alleged that the Delhi government’s 1 November notification on the scheme also violates fundamental rights. It alleged that the odd-even rule violates citizens’ rights to practice any profession, carry out any occupation, trade or business and to move freely throughout the country. Delhi government’s odd-even scheme this year came into effect on 4 November and will continue till 15 November. Under the scheme, four-wheelers with registration numbers ending with odd digits ply on odd dates and those ending with even digits ply on even dates. The PIL had alleged that the scheme is arbitrary, contrary to statutory provisions and is nothing but a “political and vote bank gimmick”. “The odd-even vehicle scheme violates the fundamental rights of residents of Delhi and adjoining states who daily commute in/out of Delhi in their four wheeled vehicles to do their jobs/business to earn their livelihood and is ultra vires Article 19(1)(g) of the Constitution of India,” the plea said.
The plea also alleged that there seems to be a strong nexus between stubble-burning framers, political parties, air purifier companies and mask-making companies. ‘The Delhi government is no Nostradamus (famous French astrologer). Then how come it knows well in advance when smoke from stubble burning will reach Delhi exactly around odd-even scheme dates,’ it said. The dates for implementation of the rule were declared on September 13 but the Delhi government’s advertisements these days claim that it has been reintroduced as smoke from stubble-burning in neighbouring states is reaching the city. The top court had earlier questioned the Delhi government as to what it was achieving from the odd-even scheme by stopping plying of cars that are less polluting compared to two and three-wheelers and taxis. “Let the Government of NCT of Delhi explain this aspect and file data in this regard in the court on the basis of the previous experience and whether three-wheelers and taxies are plying more on roads during such restrictions and relevant data be placed,” the bench had said. “During odd-even scheme, what is the difference being caused by stopping use of four-wheelers when various other contributory factors are not taken care of by the Government of NCT of Delhi,” it had said. It is time for some strong steps to bring down pollution in the country’s capital.
