Delhi pollution: SC junks Bajaj Auto plea against AAP govt’s e-rickshaws permit

The top court said even though CNG auto-rickshaws are BS-VI compliant, there is still some carbon emission.

The Transport department of the Delhi government had invited online applications for registration of 4,261 new permits for e-autorickshaws. Thereafter, Bajaj Auto moved the apex court with the claim that the advertisement was arbitrary and discriminatory to manufacturers of existing CNG three-seater auto-rickshaws (TSR).

A bench headed by Justice L Nageswara Rao on Wednesday said that the AAP’s advertisement cannot be said to be arbitrary as it is in conformity with FAME-II scheme and the Electric Vehicle policy 2020.

“Residents of Delhi are badly affected by the air pollution, undoubtedly a part of which is contributed by vehicles. Even though CNG autos are BS-VI compliant, there is still some carbon emission,’ the SC said in its order.

“We also do not agree that the fundamental right of the applicant (Bajaj Auto) is violated. Amendment to Motor Vehicles Act cannot be read to mean that addition of e-autos on the road can be done over and above one lakh autos,” the bench also comprising Justices B R Gavai and B V Nagarathna said.

The Delhi government opposed the plea filed by Bajaj Auto on the ground that CNG auto-rickshaws cannot be compared to e-autos.

It said there is a proposal to switch to electric vehicles with a view to decarbonise the transport sector. The AAP government also referred to the FAME-II scheme of the Centre and electric vehicle policy 2020.

92,000 CNG auto-rickshaws have already been registered in Delhi and there is a continuous process of replacement of old CNG auto-rickshaws, the Delhi government said.

Advocate ADN Rao, who is amicus curiae in the case, submitted that the application deserves to be dismissed as an amendment made to the motor vehicles act and central motor vehicle rules only relate to payment of registration fees.

(With PTI inputs)