The court ruled that the state must take action to phase out diesel vehicles as a measure to control pollution, while affirming that current governmental efforts were adequate.

JUDGMENT

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 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 1st 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 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 24th 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 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