SC notice to Delhi govt on PIL against odd-even scheme

Satya Prakash
Tribune News Service
New Delhi, November 13

The Supreme Court on Wednesday issued a notice to the Delhi government on a PIL challenging its decision to enforce the odd-even road rationing scheme in the national capital.

A Bench headed by Justice Arun Mishra asked the Centre, government of Delhi and Central Pollution Control Board (CPCB) to provide Air Quality Index (AQI) data for the period thewhen odd -even scheme remained in force.

It also sought AQI data for the period between October 1 to December 31 last year.

As millions of people in NCR face difficulties commuting due the scheme, a Noida-based lawyer had last week moved the Supreme Court challenging it on the grounds that it was arbitrary and went against statutory provisions.

“Odd-even is nothing but a political gimmick for self-promotion and advertisements in the smoke screen of curbing pollution,” petitioner Sanjiv Kumar had alleged, adding that the scheme violated fundamental rights of citizens.

“The odd-even vehicle scheme violates the fundamental rights of residents of Delhi and adjoining states who daily commute in/out of Delhi in their four wheeled vehicles to do their jobs/business to earn their livelihood and is ultra vires Article 19(1)(g) of the Constitution of India,” the plea said.

The petition was filed three days after the Supreme Court on Monday questioned the rationale behind allowing diesel-run taxis to ply while CNG-run private cars faced restrictions.

 “Autos and taxis will ply more during odd-even. They will make pollution. Why are you stopping cars which are less polluting?” a Bench of Justice Arun Mishra and Justice Deepak Gupta had asked the Delhi government counsel.

“What are you achieving by this odd-even? Lesser number of cars is not a solution. Taxis will ply more during this,” the Bench said asking the Delhi Government counsel to place by November 8 the data of pollution levels of previous periods when the scheme was put in place as a measure to curb air pollution in the region. The hearing is expected on Friday.

The odd-even scheme—which started on November 4—would continue till November 15 in Delhi. Vehicles with odd last digit in the registration number are allowed on roads on odd dates and those with an even last digit on even dates, from 8 am to 8 pm, except on Sundays. It also applies to all non-transport four-wheeled vehicles and even those coming to Delhi from other states.

The petitioner contended that the scheme violated citizens’ rights to practice any profession, carry out any occupation, trade or business and to move freely throughout the country.

Questioning the rationale behind the scheme, the plea claimed that three sources of data on Delhi’s air-quality, including those by the Central Pollution Control Board and the Delhi Pollution Control Committee, have confirmed that in the past the odd-even rule did not lower pollution levels in the national capital.

 “It shows that odd-even is nothing but a political and vote bank gimmick as it has been done capriciously in an unreasonable manner,” it said, adding it discriminates between men and women on the basis of gender, the plea claimed.

Four-wheelers driven by women are exempted from the odd-even scheme, provided there are no men in the vehicle.