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SC halts new commercial plans in Delhi

By BS Law Correspondent
November 20, 2004 13:27 IST

The Supreme Court on Friday directed the Delhi government that it shall not give clearance to any commercial or industrial project till the parking management policy was finalised.

The policy should be filed in the Court and considered by it before the government could proceed with the sanctions.

The Bench headed by Justice Y K Sabharawal was dealing with the public interest petition highlighting vehicular pollution in the Capital.

Senior counsel Harish Salve appointed by the court to assist in the case, said that the Delhi government did not seem to be serious about drafting a parking policy as it was seeking time again and again.

At the same time, it had no hesitation in granting permission to commercial projects, irrespective of their impact on the quality of living.

After hearing Salve and advocate Wasim Ahmed Quadri, the Bench said, "We direct that till further orders the Delhi government would not clear commercial projects as the aspect of parking policy would be a relevant consideration for the projects".

In another order affecting a large number of states, the court issued notices to Tamil Nadu, Karnataka, Gujarat, Maharashtra, UP and Andhra Pradesh asking them to improve air quality of the cities in those states.

It accepted the recommendations of the Environment Pollution Control Authority not to increase the existing strength of three-wheelers plying on city roads.

The EPCA had also suggested certain measures to improve air quality in cities like Chennai, Hyderabad, Lucknow, Kanpur and Ahmedabad.

It felt that the Central government should be directed to ensure that state governments implement the new in-use emission norms to reduce pollution.

The Union ministry of road transport and highways should be directed to develop a central software for all pollution under control certification centres leading to standardisation of formats across the country and prevention of malpractices.

The authority also suggested that the Centre and the state governments be directed to regularly conduct drives to identify grossly smoking vehicles.

"If any vehicle, which is grossly polluting, is found with a valid pollution under control certificate, then the state government should cancel the authorisation of the PUC centre," it said.

On the Rs 12,000 crore (Rs 120 billion) bypass/expressway around Delhi to prevent heavy vehicles using Delhi for transit purposes, Solicitor General G E Vahanvati informed the Court that a high-level meeting of the four concerned states would be held on December 2.
BS Law Correspondent

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