The Delhi High Court on Wednesday came down heavily on the AAP government after the latter informed it that it has proposed to buy 500 electric buses worth Rs 400 crore using the Rs 700 crore green cess collected for the mitigation of pollution.
A bench of Justice S Ravindra Bhat and Justice Sanjeev Sachdeva questioned this proposal of the Delhi government stating that the need for the buses has not risen from the court's orders, and added that the vehicles should be bought with government funds.
"The court is of the opinion that the government's proposal to use the Environment Compensation Charge (ECC) fund, which is meant for the mitigation of pollution, should not be used in the manner proposed," the bench stated.
It is not that the need of public buses have risen from the order of the court as that proposal is pending with the government for a long time which otherwise would have been funded by the government," the court said.
The court was hearing a Public Interest Litigation (PIL) initiated by itself to curb air pollution in the national Capital. It has been issuing directions time-to-time in this regard.
Appearing for the Delhi government, its standing counsel Naushad Ahmed Khan filed an affidavit stating that a meeting presided by Delhi Transport Minister Kailash Gehlot was conducted on November 28, on the issue.
The affidavit said that a proposal has been put by the Transport Department for the procurement of 100 low- floor electric buses with the tentative cost of Rs 220 crore. It added that another 500 electric buses shall be procured with a capital cost subsidy of Rs 1.2 crore per bus, with a total cost of Rs 600 crore of which Rs 400 crore may be incurred of the ECC.
This irked the court, which said,"The Green Cess is used for mitigation of pollution. Why is it being used to increase public transport."
The affidavit said that a proposal has been put by the Transport Department for the procurement of 100 low- floor electric buses with the tentative cost of Rs 220 crore. It added that another 500 electric buses shall be procured with a capital cost subsidy of Rs 1.2 crore per bus, with a total cost of Rs 600 crore (approx).
"Towards the end, Rs 400 crore may be incurred of the ECC, the remaining being borne by the Goverment of NCT of Delhi. Additional provision of Rs 50 crore may be kept for one-time installation of charging infrastructure at bus depots....the government is also procuring 2000 CNG propelled Standard Low Floor buses, out of which 1000 buses shall be procured by DTC, while 1000 buses shall be engaged under Cluster Scheme," the affidavit stated.
This irked the court, which said,"The Green Cess is used for mitigation of pollution. Why is it being used to increase public transport."
Appearing for the Delhi Pollution Control Committee (DPCC), its counsel Sanjeev Ralli informed the court that they are holding meetings with the officials concerned and also with the officials of the NGT.
However, this did not go down well with the court which said that the meeting should yield some "measurable realistic targets" and have some consequences.
"We do not want hearings, meetings. Let us just clear the air," the court said, adding, directing all the three civic bodies, NDMC, DDA and DJB to file an affidavit in compliance to the court's order of November 16 failing which the respective commissioners will have to be present in the court on the next date of hearing, i.e, December 14.
