SC refuses to stay NGT order on Rohtang travel

R Sedhuraman

Legal Correspondent

New Delhi, May 26

The Supreme Court today refused to stay the National Green Tribunal’s order imposing environment cess and restrictions on taxis plying between Manali and Rohtang Pass.

The vacation Bench of Justices AK Sikri and UU Lalit, however, clarified that the taxis would not have to meet Bharat Stage IV pollution norms (as directed by the NGT), as petrol and diesel of the required grade were not available in Himachal Pradesh. It also acknowledged that CNG was also not available in the state.

The Bench passed the order after hearing a petition by the HIM Aanchal Taxi Operators Union. Nevertheless, it granted liberty to the union to approach the NGT again pleading for a recall/modification of the tribunal’s order.

The SC refused to grant any relief even as the state government said it was supporting the union’s plea. Appearing for the government, Additional Advocate General (AAG) Surya Narayana Singh said the NGT order had created a huge law and order problem, with the affected taxi operators and tourists laying siege to offices, including that of local commissioners.

The state was witnessing an unprecedented rush of tourists following the devastating earthquake in Nepal. Tourists headed for Nepal had changed their plans and come to Himachal, he said.

Unconvinced, the Bench said the governments were always reluctant to implement court orders issued in public interest. In 1999, the then Delhi Chief Minister had declared that he would prefer to go to jail for not implementing the SC order for replacing diesel with CNG as fuel for buses, taxis and autos, the Bench noted.

Just think of the pollution Delhi would be facing today if the SC had blinked then, the Bench told the government and union counsel Vibha Datta Makhija.

Makhija had pleaded that the taxi drivers had been hit hard by environment cess (Rs 2,500 on diesel-run and Rs 1,000 on petrol-driven taxis) for every trip to Rohtang Pass and the ceiling on the number of 1,000 vehicles allowed every day (600 petrol and 400 diesel). Further, vehicles carrying more than six tourists had to pay Rs 5,000 for each trip.

Cabbies file review plea in NGT 

Mandi: The Him-Aanchal Taxi Operators Union, Manali, will file a review petition in the NGT tomorrow. Puran Chand, president of the union, said the strike would continue until they get some relief. At a time when the tourist season is at its peak in Manali, the strike by autorickshaw, taxi and luxury bus operators today entered day eight.  Commercial vehicle unions went on an indefinite strike on May 19 to protest the order of the National Green Tribunal (NGT). In its order dated May 5, the NGT imposed a hefty environmental compensation charges on the Rohtang-bound vehicles and also restricted their number to 1,000 per day. — TNS