Paryavaran Mitra vs. Secretary

Held

The High Court disposed of the writ petition, keeping open for the petitioner to pursue their representation or take an alternative efficacious remedy before the National Green Tribunal. The Court clarified that it had not gone into the merits of the writ petition. Therefore, no specific findings were made on the issues raised, nor was any reasoning provided for not deciding the merits. The operative direction was to discharge the notice and dispose of the petition, leaving the petitioner to pursue other avenues. No issue was expressly left undecided, as the court chose not to decide the merits at all.

Facts

The petitioner, Paryavaran Mitra, a Gujarat-based non-profit organization, filed a writ petition seeking various directions to curb vehicular pollution. These included banning old BS-I and BS-II auto-rickshaws, prohibiting retrofitting of CNG kits in diesel/petrol vehicles, banning diesel goods carriers, mandating CNG for vehicles over 10 years old, and phasing out diesel AMTS and BRTS buses. The petitioner also sought compensation for vehicle owners offering vehicles for scrap, subsidies for CNG vehicles, and utilization of GST funds for this purpose. An RTI response indicated that none of Ahmedabad's 250 BRTS buses were CNG-based. The petitioner relied on constitutional duties and Supreme Court and NGT judgments concerning vehicle pollution.

Key Issues

1. Whether a writ of mandamus should be issued to ban BS-I and BS-II stage old auto-rickshaws and to permit only CNG auto-rickshaws of BS-IV stage, while also restraining the retrofitting of CNG kits in diesel/petrol vehicles? (Question of law and fact, concerning environmental protection and public health). 2. Whether diesel goods carriers, including 'Chhakdas', should be banned from roads, allowing only CNG-driven goods carriers in Gujarat? (Question of law and fact, concerning environmental protection and economic impact). 3. Whether diesel vehicles (heavy or light) older than 10 years should be prohibited from roads in Gujarat and mandated to operate only on CNG, with registering authorities to provide lists to concerned authorities and police stations? (Question of law and fact, concerning environmental protection and vehicle regulation). 4. Whether the State authorities have a duty under Article 51A(g) of the Constitution of India to protect and improve the natural environment and have compassion for living creatures, in the context of vehicular pollution? Petitioner's Arguments: The petitioner argued that vehicular pollution is a serious environmental concern and that the State has a constitutional duty to protect the environment. They relied on Supreme Court and NGT judgments concerning vehicle pollution in Delhi and NCR. The petitioner also highlighted the lack of CNG buses in Ahmedabad's BRTS fleet as arbitrary. Revenue/State's Arguments: The judgment records no specific arguments from the respondents.