DELHI STILL STRUGGLING TO BREATHE

Recently a person named Sanjiv Kumar filed a petition in High Court of Delhi challenging the Odd Even Scheme implemented by the Delhi Government to curb pollution in the national capital. He contested that Odd Even Scheme is Ultra Vires to Article 14, 15 ,19(1)(g), 21 and is also violative of Section 115 of the Motor Vehicles Act,1955. He also stated in his petition that the scheme was arbitrary, irrational, unconstitutional and applied in an unreasonable manner without determining principle cause and remedy.

The important clauses which have been stated in the petition are: –

“That Delhi Government Odd Even Scheme is being implemented to curb the Pollution, but it’s clear that the cause and remedy is totally mismatched; two wheelers that cause maximum pollution has been exempted. Also, according to 3 authorities mentioned in the petition confirm that the Odd Even Scheme does not lower pollution levels.”

The petition mentioned that the scheme was illegal as it exempts women drivers which means discrimination on the basis of gender which also violates one’s fundamental rights. The petition also says that the scheme is illogical on the basis that auto rickshaw and taxi are not within the scheme but CNG operated vehicles which were earlier introduced to lessen pollution are within the scheme.

The petitioner claims the scheme to be “nothing but political a gimmick for self-promotion and advertisements.”

After his petition was rejected by Delhi High Court, he appealed to the Hon’ble Supreme Court of India where again it got dismissed. The Hon’ble Supreme Court ruled that according to the Constitution of India State Government is empowered to make laws or by laws in public Interest.

The Supreme Court recently suo moto registered a case after air quality level in New Delhi and surrounding states increased. According to the Hon’ble Court the air quality has drastically crossed all toxic levels, even after the installation of air purifiers the quality of toxins is still high. The Hon’ble Court recently directed the Central Government to review technology from Japan with a view to tackle this increased pollution.

Aakritee Gambhir

Associate

The Indian Lawyer