Supreme Court Directs Phasing Out of Diesel Vehicles at Tughlakabad Inland Container Depot to Curb Pollution

The Supreme Court of India, in its ruling in Container Corporation of India Ltd. vs. Ajay Khera & Ors., has laid down significant environmental directives aimed at reducing pollution in Delhi NCR. The Court directed a phased reduction in diesel vehicle entry at the Tughlakabad Inland Container Depot (ICD) and called for long-term measures to optimize container depot utilization while transitioning to cleaner energy sources.

Background of the Case

The case originated from a petition filed by Ajay Khera, a former Executive Director of the Central Warehousing Corporation, before the National Green Tribunal (NGT). He raised concerns about the significant air pollution caused by heavy-duty diesel vehicles entering the ICD at Tughlakabad. The petition requested that non-Delhi bound cargo operations be shifted to other ICDs around Delhi NCR to minimize pollution.

Chronology of Events:

2018: Ajay Khera filed an application under Sections 14, 15, and 18(1) of the NGT Act, 2010, seeking a ban on diesel vehicles entering the Tughlakabad ICD.
2019: The NGT directed that diesel-run vehicles be phased out in favor of electric, hybrid, or CNG vehicles.
2020: The Supreme Court issued a stay on the NGT’s coercive action against Container Corporation of India (CONCOR).
2024: The Supreme Court upheld the essence of the NGT ruling but set clear directions for the phased transition to cleaner alternatives.

Legal Issues Considered by the Supreme Court

Whether the NGT was correct in directing the Container Corporation of India to phase out diesel-run vehicles at the Tughlakabad ICD.
Whether shifting non-Delhi-bound cargo operations to other ICDs would reduce air pollution in Delhi NCR.
Whether a blanket ban on diesel vehicles at the ICD was feasible given the current infrastructure and fuel availability.
What measures could be implemented to reduce congestion and pollution at the Tughlakabad ICD?

Arguments by the Petitioner (Container Corporation of India Ltd.)

The Container Corporation of India, through its legal representatives, contended:

Shifting all non-Delhi-bound cargo operations to other ICDs would disrupt logistical networks and increase transport costs.
The ICD at Tughlakabad is crucial for facilitating cargo movement through railway lines, reducing the need for excessive road transport.
A blanket ban on diesel vehicles is impractical as alternative fuel technologies for heavy-duty vehicles are not yet sufficiently developed.
More pollution would be generated if trucks had to travel longer distances from other ICDs to Delhi, negating any environmental benefits.

Arguments by the Respondents (Ajay Khera & Ors.)

The respondents countered:

The entry of thousands of diesel trucks into Delhi through the Tughlakabad ICD contributes significantly to air pollution.
Other ICDs around Delhi (e.g., in Dadri, Rewari, Ballabhgarh, Khatuawas) are underutilized and could absorb the excess traffic.
There should be an immediate ban on the entry of non-Delhi-bound diesel trucks to reduce pollution in the NCR region.
Electric, hybrid, or CNG vehicles should be mandated for operations at the ICD to align with clean energy policies.

Supreme Court’s Observations

The Supreme Court, after reviewing reports from the Environment Pollution (Prevention and Control) Authority (EPCA), made key observations:

“The right to life guaranteed under Article 21 of the Constitution includes the right to live in a pollution-free environment.”

“While shifting all cargo operations from the Tughlakabad ICD is not feasible, a phased approach to reducing diesel vehicle usage must be adopted.”

“The pollution caused by trucks entering the ICD contributes significantly to Delhi’s deteriorating air quality, and concrete steps must be taken to curb emissions.”

Final Judgment

The Supreme Court directed:

The Union of India must formulate a policy within six months to phase out heavy-duty diesel vehicles and replace them with BS-VI compliant vehicles.
CONCOR must create a plan within six months to optimize the use of ICDs around Delhi to reduce dependency on the Tughlakabad ICD.
The Ministry of Transport and CONCOR must work together to set up clean energy fuel stations (CNG/electric) at ICDs to facilitate the transition.
The implementation of congestion management solutions as recommended by KPMG must be completed within six months.
The Court will monitor the progress of these directives and review compliance on July 31, 2024.

Implications of the Judgment

This ruling has major implications for environmental governance and logistics management in India:

Legal Precedent for Pollution Control: The judgment sets a benchmark for how industries must transition towards sustainable practices.
Phased Transition to Clean Energy: The ruling ensures that the shift away from diesel trucks occurs gradually without disrupting the supply chain.
Optimization of Logistics Infrastructure: The Court’s directive to utilize other ICDs more efficiently could lead to improved cargo handling nationwide.
Stronger Judicial Oversight: The Supreme Court’s decision to review compliance ensures accountability in environmental governance.

Conclusion

The Supreme Court’s decision in Container Corporation of India Ltd. vs. Ajay Khera & Ors. underscores the urgent need for India to transition to sustainable logistics and transportation systems. By balancing economic viability with environmental responsibility, the ruling provides a roadmap for industries to align with global sustainability standards while ensuring the protection of public health.

Petitioner Name: Container Corporation of India Ltd..
Respondent Name: Ajay Khera & Ors..
Judgment By: Justice Abhay S. Oka, Justice Pankaj Mithal.
Place Of Incident: Tughlakabad, Delhi.
Judgment Date: 11-01-2024.

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