KOCHI: Lawyers' Environmental Awareness Forum (LEAF), whose petition before National Green Tribunal ( NGT ) led to ban on registration of new diesel vehicles beyond 2,000CC, on Wednesday came up in opposition to a Toyota dealer's plea for lifting the registration ban.
A counter affidavit was filed by John Numpeli, secretary of LEAF, through advocate S Subhash Chand alleging that the petition filed by Kochi-based Nippon Motor Corporation Pvt Ltd should not be heard by the high court as the law allows only the Supreme Court to consider an appeal against the an order passed by the NGT.
Petitioner's argument that the situation in Delhi cannot be compared to Kerala is wrong, LEAF alleges. Pollution scenario in Kerala is also not different and if the alarming rate of pollution on account of use of diesel vehicles is not controlled or restricted, Kerala will soon have the sad plight of Delhi, LEAF claimed in the affidavit.
Through the affidavit that supports the interim order passed by the Kochi circuit bench of NGT on May 23rd, LEAF denied the allegation of the Toyota dealer that the order was passed by NGT without there being such a demand in the petition. "One of the major concerns of the citizenry of the State of Kerala is the disastrous consequences of vehicles spitting poisonous gases into the atmosphere threatening the very existence of peaceful and healthy life.
The provisions contained in Articles 21 (right to life), 48A (protection of environment) and 51 A(g) (protection and improvement of natural environment) of the Constitution of India would mandate that urgent steps have to be taken to curb the alarming increase of pollution of atmospheric air in various parts of the State of Kerala. lt was in the said circumstances that the application was submitted by LEAF pointing out the increased use of diesel vehicles and the consequent pollution being caused polluting the air around. lt is absolutely incorrect to state that the order was passed by the learned Tribunal without the applicant requesting for such an order," the affidavit stated.
LEAF went on to question the justification of the petitioner in questioning the NGT's order by contending that the petition is only to protect the petitioner's commercial interest.
Petitioner's argument that it is the duty of the government and not NGT to formulate policy was also challenged by LEAF in the affidavit. Various provisions contained in Motor Vehicles Act, 1988 and the government's policy pale into insignificance in the teeth of growing pollution caused by diesel vehicles. Government-approved certification has no value at all in the light of the gross violation of citizens' right to life by the pollution caused by diesel vehicles. While assessing environmental impact, heavy traffic jams and heavy fuel consumption in the narrow roads of Kerala have to be taken into consideration, unlike many foreign countries, the affidavit said.
Through the interim order, NGT had banned the use of diesel vehicles older than 10 years in 10 towns in Kerala, including Kochi, Thiruvananthapuram, and Kozhikode, and had asked the state government not to allow registration of new diesel vehicles with a capacity of more than 2,000CC. Considering the Toyota dealer's petition, the high court had stayed the NGT's order regarding registration of new diesel vehicles.
