Introduction: In Container Corporation of India Ltd. v. Ajay Khera & Ors. (2024 Latest Caselaw 31 SC), the Supreme Court addressed the growing concern of air pollution caused by heavy-duty diesel vehicles operating at the Inland Container Depot (ICD) in Tughlakabad, Delhi. While balancing environmental protection with logistical requirements, the Court issued a series of directions aimed at reducing pollution without disrupting essential cargo movement.
Facts of the Case The case arose from an application before the National Green Tribunal (NGT), which alleged that a large number of diesel trucks entering the Tughlakabad ICD significantly contributed to air pollution in Delhi NCR. The applicant sought directions to shift non-Delhi-bound cargo operations to other Inland Container Depots outside Delhi and promote the use of cleaner vehicles. The NGT directed the Container Corporation of India (CONCOR) to phase out diesel vehicles and shift towards electric, hybrid and CNG-operated vehicles. CONCOR challenged these directions before the Supreme Court.
Issue Before the Supreme Court The principal issue was how to reduce pollution caused by heavy-duty freight vehicles while ensuring the efficient functioning of Inland Container Depots and maintaining the country's logistics infrastructure.
Supreme Court's Findings The Supreme Court recognised that clean air is an integral part of the right to life under Article 21 of the Constitution. At the same time, it accepted that the complete replacement of heavy-duty diesel vehicles with electric or CNG vehicles was presently not feasible due to technological limitations. After considering the report submitted by the Environment Pollution (Prevention and Control) Authority (EPCA), the Court accepted its recommendations and held that: •The Union Government should formulate a policy to phase out heavy-duty diesel vehicles and replace them with cleaner BS-VI vehicles. •Authorities should continue exploring cleaner technologies such as electric, hybrid and CNG alternatives as technology advances. •CONCOR should prepare a comprehensive plan for optimal utilisation of Inland Container Depots around Delhi to reduce unnecessary traffic entering Delhi NCR. •Steps should be taken to establish testing laboratories and related facilities at container depots outside Delhi to reduce dependence on the Tughlakabad ICD. •CONCOR should improve parking and traffic management within the ICD to minimise congestion and pollution. The Court also criticised the NGT's observation suggesting that diesel vehicles could simply be diverted to other regions outside Delhi. It emphasised that the constitutional right to a pollution-free environment belongs to all citizens, not only those residing in Delhi NCR.
Final Decision
The Supreme Court modified the NGT's directions and: •Directed the Union Government to frame a policy for replacing heavy-duty diesel vehicles with BS-VI vehicles within six months. •Directed CONCOR to prepare a plan for better utilisation of Inland Container Depots around Delhi. •Ordered implementation of recommendations for improving parking and congestion management. •Directed continued exploration of cleaner fuel technologies. •Kept the matter pending to monitor compliance with its direction.
Significance of the Judgment This judgment highlights the Supreme Court's balanced approach towards environmental protection and infrastructure development. It reiterates that Article 21 guarantees every citizen the right to live in a pollution-free environment, irrespective of where they reside. The decision also demonstrates that sustainable environmental solutions must be practical, technologically feasible and capable of addressing pollution without merely shifting the problem from one region to another.
