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TMI Blog2001 (3) TMI 1063X X X X Extracts X X X X X X X X Extracts X X X X ..... or, Sanjay Pathak, Vijay Panjwani, Mrs. Sheil Sethi, R.C. Verma, Vivek Vishnoi, Ms. Kiran Kapoor, Rakesh K. Khanna, Ms. Pallavi Choudhary, Surya Kant, Sushil Dutt Salwan, Piyush Sharma, Pramod Dayal, Sunil Gupta, Jatin Saveri, Harish J. Jhaveri, H.K. Puri, S.K. Puri, Rajesh Srivastava, Ujjal Banerjee, Ms. Rani Chhabra, Ms. Meenaxi, M.S. Bakshi, Subramonium Prasad, S.N. Jha, Ms. Astha Tyagi, P.K. Sharma, Divyang K. Chhaya, Abhijat P. Medh, Avimukt Par, Ms. Kum Kum Sen, Ms. Indu Malhotra, Ms. Shyel Trehan, Raj Shekhar Rao, R.K. Maheshwari and Anil Srivastava, Advs ORDER 1. With a view to check rapid deterioration of air quality in Delhi, which was becoming a health hazard besides being an environmental enemy, certain directions have been issued by this Court from time to time in the main Writ Petition. 2. On 28th July, 1998, some further directions were issued fixing a time schedule after taking note of the recommendations made by the Bhure Lal Committee. One of the important directions [direction (g)] issued on that date was to the effect that the entire 'city bus fleet was to be steadily converted to a single fuel mode of CNG by 31-03-2001'. Another direction [d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f not extending the deadline fixed by this Court, however, is a creation of the administration and the private operators and they have to thank themselves for it. They are accountable to the commuting public for creating this situation. The administration does admit its 'lapses' but the learned Additional Solicitor General has time and again submitted that for their lapses, let the commuting public not suffer . It appears to be an argument of despair. 7. Out of a total fleet of 12,000 - 14,000 buses which operate locally in Delhi, the DTC has a fleet of about 2,000 buses. About 6,000 buses operate on contract carriage system. Approximately 6,200 buses run on Stage Carriage Permit. These stage carriage buses operate locally in Delhi, either under the DTC KM. Scheme or under the permit scheme. 8. On behalf of the Stage Carriage Permit transport operators, Mr. K.K. Venugopal, learned senior counsel, submitted that all their existing buses are meeting emission norms for diesel vehicles as prescribed under the Motor Vehicles Act and, therefore, they cannot be denied their right to ply their buses 'even if they do not conform to the directions issued by this Court on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dly, have now taken steps and placed orders for CNG buses. Some of the schools, which own their own buses, have placed orders for CNG buses or conversion of their existing buses to CNG mode. Most of the schools are hiring buses from the DTC and other private operators. Some other private operators have also taken steps to convert their buses to CNG mode either by placing orders for new CNG buses or by conversion to CNG mode. 10. In the affidavit filed by Mr. V.K. Bhatia on 22nd March, 2001 on behalf of the DTC, it has been stated that currently 860 buses, both CNG and diesel, are being plied on school duties. It is further stated in the affidavit that these buses, apart from performing school duties in the morning and in the evening, are also deployed on the general route duties from the nearby depots or terminals. It is also stated in the affidavit that in addition to 860 buses on school duties, 160 spare buses are kept ready for deployment in case of replacement if the need arises. The affidavit discloses that orders have been placed by DTC for 1880 CNG buses and that order for another 120 buses is likely to be given shortly. 11. In so far as contract carriage permit holder ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he DTC to run 1880 existing buses including the existing CNG buses which are not more than eight year old till 30th September, 2001. This, however, is subject to the condition that out of these 1880 buses, a full compliment of buses for the schools, namely, 860 buses plus the requisite spare buses shall be deployed for school duty. As and when new CNG buses are received by DTC, the existing buses shall be replaced. 3. It is represented on behalf of contract carriage operators of inter-State and tourist buses that the applicants were under the bona fide impression that the expression city bus fleet in direction (g) of the order dated 28th July, 1998 was not meant to take within its ambit buses owned by such tour operators as they run mostly on inter-State routes as luxury coaches. Even if that be so, their case would certainly be covered by condition (f) of the order dated 28th July, 1998, which provided that no eight year old buses were to ply except on CNG or other clean fuel after 1st April, 2001. Even if, it was bona fide believed that these buses were not to be converted to single fuel mode of CNG, they could not in any case ply except on CNG or other clean fuel, such bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its to ply their existing buses (both air-conditioned and others), which are not eight year old, till 30th September, 2001. They shall, however, give details of such buses and also file an undertaking before 31.3.2001, agreeing to replace their fleet to ply either on CNG or other clean fuel by 30th September, 2001. 8. We direct that after 1st April, 2001, no commercial vehicle will be registered in Delhi which does not conform to the order dated 28th July, 1998. 9. The transport department shall take steps to ensure that there is no misuse or abuse of the relaxations given by us above. 10. We, reiterate that except for the relaxation given above, no other commercial vehicles shall ply in Delhi unless converted to single fuel mode of CNG with effect from 1st April, 2001. 13. During the course of arguments, it was contended before us that low sulphur diesel should be regarded as a clean fuel and buses be permitted to run on that. It was submitted that in some other countries ultra low sulphur diesel which has sulphur content of not more than 0.001 per cent is now available. We direct the Bhure Lal Committee to examine this question and permit the parties to submit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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