New Delhi January 23, 2003: In a dramatic development, the Chief Justice bench of the Supreme Court of India -- while hearing the ongoing public interest litigation on air pollution in the capital today -- admitted a statement of concern from the Centre for Science and Environment (CSE) as an interim application. CSE has pointed out that despite the enormous efforts and substantial gains following the Court’s initiatives to combat air pollution, the city’s air remains polluted. The average PM10 level is around 255 µg/cum, which is still substantially above the national ambient air quality standard of 60 µg/cum. Pollution levels, though lower, have begun to increase once again, according to the CPCB data.

Amicus Curaie Harish Salve flagged key concerns raised by CSE that identify the serious challenges that Delhi faces today:

Rapidly growing numbers of private vehicles, and increased pollution from slow and congested traffic. The city already has more than 4 million registered vehicles and is adding more than 200,000 vehicles each year. If not checked, the gains from small improvements in vehicle technology and fuels will be lost.

• Inadequate public transport, which increases the dependence on private transport
• Distorted Tax policy which taxes public transport at higher rates and makes ownership and usage of private cars and two-wheelers attractive.

Salve presented data to show how growing numbers, crippling congestion and slow traffic is aggravating the haze of pollution. Evidence from global experience proves that slow moving vehicular traffic increases emissions dramatically -- by as much as 70 per cent. In making this point, the following example was presented to the Court:

Source: E A Vasconcellos, 2002, Urban Transport, Environment and Equity — the Case for Developing Countries, Earthscam Publications Ltd, London

Chief Justice Khare expressed his shock and dismay at the state of affairs and commented on the very high levels of car ownership in the city – among car-owning families, almost all members own a car even when they don’t have any space to park. He called for immediate intervention and cited global good practices. Many examples featured in the discussion, including the Singapore model of transport management, traffic time zone management, and London’s congestion tax policy.

The ‘breathing space’ created in Delhi following the CNG programme and other directions will be lost if the future roadmap for pollution control in the city is not chartered immediately. There is need for consistent, sustained and aggressive strategy to lower emissions from the burgeoning vehicle fleet in the city. Today, the increase in the sheer numbers of vehicles threatens to destroy the gains of pollution control.

Harish Salve pointed out that the Supreme Court has played a critical role in directing the action to combat air pollution in Delhi. Centre for Science and Environment has estimated the impact of the Hon’ble Court’s orders. The implementation of the first generation policy measures comprehensively directed by the Supreme Court in its July 28, 1998 order and supplemented by a series of subsequent orders have helped to stabilise and lower pollution levels in Delhi. (See Graph below).

CSE welcomes the Court’s Order serving notice to the Delhi government to submit a firm action plan to tackle the rapidly increasing fleet of private vehicles and congestion and to augment public transport and encourage its use.

Source: Computed from air quality data published by the Central Pollution Control Board