Ban on old vehicles trips on Kerala High Court hump

Kochi: Kerala High Court on Friday stayed the order of the National Green Tribunal, Kochi Special Circuit Bench,  imposing a ban on diesel vehicles older than ten years in six cities in the state. Justice P.B. Suresh Kumar observed that the materials on record indicate that there is substance in the contention raised by the petitioners that the order passed  is without jurisdiction, violating all principles of natural justice.

The court had earlier stayed the tribunal’s order to the state government from registering new diesel vehicles of 2000 cc and above. The court admitted the petitions filed by the Kerala State Road Transport Corporation (KSRTC) and the Kerala State Private Bus Operators’ Federation challenging the ban on 10-year-old diesel vehicles in Thiruvananthapuram, Kollam, Kochi, Thrissur, Kozhikode, and Kannur. The court observed that the petitioners certainly made out an extraordinary situation, warranting interference of the High Court.  

Senior counsel Jaju Babu argued that the Supreme Court had prohibited the use of diesel vehicles of more than 15  years in Delhi after granting the bus operators reasonable time to replace their vehicles. A perusal of the Apex Court judgment would indicate that the decision was  rendered having regard to the air pollution level in the National Capital Region of Delhi.  

The petitioners also pointed out that air quality level in the state was far superior than in Delhi. That apart, no data was available with the tribunal regarding the air quality level prevailing in the six cites. Recording the submissions,  the court observed “in the circumstances, the petitioners have made out a strong prima facie case” for staying the NGT order. LEAF (Lawyers Environmental Awareness Forum), a green wing of the Kerala High Court Advocates Association,  who moved the tribunal,  said that they will challenge the single bench order.