Tata Motors moves NGT for clarity on diesel ban

Tata Motors Limited on Tuesday moved the National Green Tribunal (NGT) seeking clarification on whether there was any ban in Delhi on registration of medium and heavy commercial diesel vehicles pursuant to its two orders.

The company claimed before the NGT that Delhi government's Transport Department has refused to register medium and heavy commercial diesel vehicles in the "guise" of two orders passed by the NGT on 31 December 2015 and 6 January this year which was causing "grave prejudice" to its right to carry on business activities.  

The green panel had on 11 December last year directed that no new diesel vehicles or diesel vehicles which were more than 10 years old would be registered in Delhi NCR till the next date of hearing.

Later, on 6 January this year, the NGT had said that since the matter relating to air pollution in Delhi was pending in the Supreme Court, it would not pass any directions in this regard at this stage.

In its application filed before a bench headed by NGT Chairperson Justice Swatanter Kumar, Tata Motors said that on 16 December last year, the Supreme Court had directed that registration of diesel-run SUVs and private cars with engine capacity of 2,000cc and above would be banned in the NCR till 31 March.

It said that the transport department was not permitting registration of medium and heavy commercial vehicles in NCT of Delhi while placing reliance on the blanket ban imposed on the registration of diesel vehicles by the tribunal.

"The applicant submits that grave prejudice is being caused to its right to carry on its business activities by the refusal of the Department of Transport, Government of NCT, Delhi, to register medium and heavy commercial diesel vehicles in the guise of the two orders dated December 11, 2015 and January 6, 2016 that have been passed by this Tribunal," the application said.

It said that a "conjoint reading" of the orders "seem to make it amply clear that at present, there exists a ban on registration of SUVs and private cars of 2000cc and above which use diesel as a fuel in the NCT, Delhi".

The tribunal would hear the matter on 24 August.

Meanwhile, during the day's hearing, the tribunal allowed a plea by leading automobile manufacturer Toyota for impleading it as a party in the matter relating to air pollution in Delhi and ban on diesel vehicles.

Tata Motors told the tribunal that due to the refusal by Transport Department to register medium and heavy diesel commercial vehicles, the parties concerned had tried to seek a clarification from the apex court in this regard.

"The Supreme Court had however refused to give any clarification on the issue as according to it, it had never banned the registration of medium and heavy commercial diesel vehicles in NCT, Delhi," the application said.

"It would, therefore, be in the interest of justice that this tribunal be pleased to clarify the scope and effect of its aforesaid two orders dated December 11, 2015 and January 6, 2016 and to clarify whether or not there exists a ban as of date by virtue of its orders on the registration of medium and heavy commercial diesel vehicles in the NCT, Delhi," it said.

Earlier, Toyota had approached the NGT arguing that the idea of banning diesel vehicles across the country was like a "corporate death penalty" as it impacts the existence of the company.

In its plea, the automobile company had said that ban on registration of diesel vehicles manufactured by the applicant company is "unfair and unjust" as it was complying with all the laws and any restriction would severely impact its sales and livelihood of thousands of people engaged in the automobile sector.