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The National Green Tribunal, Southern Zone, Chennai has directed the Karnataka State Government to form a monitoring committee to review the action plan prepared for the implementation of the National Clean Air Programme and Clean and Green Fuel Policy in the State. 

The bench presided over by Justice K. Ramakrishnan (Judicial Member) and Dr. Satyagopal Korlapati (Expert Member) also directed that if there is any gap found in the action plan, the committee will evolve modified action plans to fulfill the obligation of providing clean air in the State of Karnataka, especially in Bengaluru at the earliest possible time.

The bench noted, "The Tribunal cannot go into the question as to what is the nature of policy to be evolved and how that will have to be implemented, but the Tribunal can only direct the Government to evolve an effective policy in respect of change over of old vehicles with Clean and Green Fuel policy and the same will have to be implemented at the earliest possible time, as postponement of such implementation will result in great hardship to the people."

The Chief Secretary to Government, State of Karnataka has also been directed to form District Level Committees to implement these programs in the respective districts as well to accomplish the goal of making the State of Karnataka, a pollution-free State.

The bench further directed the Central Pollution Control Board (CPCB) to monitor the implementation of the directions issued and submit periodical reports regarding the progress and improvement in the air quality. 

The monitoring committee will consist of (i) the Additional Chief Secretary to Government, Forests, Environment and Ecology Department, (ii) the Principal Secretary to Government, Department of Transport, (iii) the Additional Chief Secretary to Government, Department of Finance, (iv) a Senior Officer from the Integrated Regional Office, Central Pollution Control Board (CPCB) at Bangalore and (v) the Chairman – State Pollution Control Board (SPCB), Karnataka.

The bench passed the order on an application seeking direction to the State Government for taking immediate steps to phase out the old public diesel vehicles. The applicant had alleged that vehicular pollution is one of the major sources of pollution in Bangaluru city which has been in increasing trend at an alarming rate for over 1 ½ decades.

The applicant had claimed that Bengaluru experienced 34% increase in aerosol concentration (air pollution) between 2002 to 2010. It was alleged that the current rate of increase in air pollution in Bangalore is at 5% per day.

It was further alleged in the application that on August 17, 2014, not even one CNG bus was plying in Bangaluru in compliance with the direction issued by the Apex Court in M.C. Mehta Vs. Union of India (2004).

It was also stated that a Writ Petition was filed before the High Court of Karnataka wherein directions were issued to the State of Karnataka to introduce CNG vehicles to curb pollution but, no action was taken.

According to the applicant, at the rate at which the Government wants to phase out the old diesel vehicles, will take more than 23 years to complete the process. 

Case Title: Shri Vinay Shivanand Naik v. State of Karnataka & Ors.