NGT Questions And Puts Delhi Govt's Odd-Even Scheme On Hold

Let me begin in the beginning itself by pointing out that the National Green Tribunal (NGT) has categorically told the Delhi government that it should not implement the odd-even car rationing scheme, unless they can 'satisfy' that it is 'not counterproductive'. This has cast a big question mark over the sustainability of the Delhi government's odd-even scheme. The NGT has expressly questioned the rationale behind Delhi government's decision to roll it out for five days next week, saying 'the scheme cannot be imposed like this'.

Before proceeding ahead, let me first spell out what is odd-even. Odd-even is a car rationing scheme, in which private vehicles are allowed to run based on the last number of their licence plates. Odd-numbered cars are allowed to run on odd dates while even-numbered cars can only run on even dates. It was first conducted in Phase 1 on Jan 1-15, 2016. A study by scientists of IITs and IIMs said the scheme was not effective with pollution level dropping by only 2-3%. It was then conducted in Phase 2 on April 15-30, 2016. Delhi government's own report stated that the drive did little to reduce pollution and congestion. In other words all this was nothing but a publicity exercise or gimmick which did precious little to address the burning issue of pollution.

Needless to say, Delhi government must introspect as to why NGT has openly questioned the rationale behind Delhi government's decision. The scheme, which has been implemented in the past also not too successfully by the AAP government was set to begin from November 13 to 17 following a spike in air pollution levels. The NGT also did not mince any words in stating it most explicitly that previous analysis by the Central Pollution Control Board (CPCB) and Delhi Pollution Control Committee (DPCC) had shown the scheme to be ineffective.

While craving for the exclusive indulgence of my esteemed readers, let me also inform them that the NGT also pointed out that the two pollution watchdogs - CPCB and DPCC had found that the levels of PM10 and PM2.5 were cumulatively higher when the scheme was implemented twice earlier. A Bench headed by NGT Chairperson Justice Swatanter Kumar said quite explicitly while directing that, 'You will not implement odd-even unless you satisfy us that it is not counterproductive. We feel that your purpose and objective should be lauded, but the manner in which it is implemented is improper, unscientific and inefficient.' It needs no rocket scientist to conclude that the Delhi government has just no option but to obey what NGT has directed it to do in most certain terms.

Going forward, the NGT also said that it will have a special sittingon Saturdayto allow the Delhi government to convince it of the merits of the scheme and asked it to be ready with answers. The NGT also asked the state government to submit a statement that the odd-even scheme will be automatically implemented when PM2.5 levels exceed 300. The NGT Bench also did not refrain from holding back its strong punches by stating most pronouncedly that, 'Odd-Even formula cannot be imposed like this. You can't have a shock treatment like this.By this scheme, you are only encouraging people to buy more vehicles and allowing more inter-state traffic.We will not allow odd-even vehicle rationalization scheme until you prove that it's not counterproductive'.

No prizes for guessing that what NGT has said holds a lot of merit and especially the portion which I have specifically underlined in the above paragraph. The NGT also termed the plan a 'farce' and asked the Delhi government to give an undertaking that it will roll out the scheme only when the particulate matter (PM) 2.5 was over 300. The NGT also asked the Delhi government to point out data or studies on which the scheme has been planned.

Truth be told, the NGT further directed the Delhi government to submit the comparative ratio of emissions caused by diesel and petrol vehicles and asked it to clearly enumerate the contribution of small petrol cars in pollution. The Bench further added that, 'We also want a justification for allowing two-wheelers and women drivers during the odd-even scheme. This was despite knowing that two-wheelers caused 46 percent pollution as per an IIT Kanpur report which under any circumstances cannot be just brushed aside because it enjoys a credible reputation worldwide!

As it turned out, the NGT also questioned the Delhi State Government over its decision to introduce 500 buses during the odd-even week and asked it to clearly state how many of these ran on diesel. Further, the green tribunal also asked that, 'How many of these are on diesel? What is the comparative ratio of emissions from diesel and petrol vehicles? One heavy diesel vehicle will emit how much compared to a small vehicle?' All this must be clearly specified rather should have been specified at the first place itself!

As things stand, the Delhi government counsel had told the Bench during the hearing that the government introduced the odd-even scheme in pursuance to the directions of the Supreme Court appointed Environment Pollution Control Authority (EPCA). But the NGT pointed out that the EPCA had made several suggestions and odd-even was just one of them. The Bench also was quick to point out that, 'The Supreme Court has never said that you implement the odd-even scheme. It was only one of the directions given by EPCA. You have not followed 99 directions and introduced the odd-even scheme and treating it as a picnic.'

To put things in perspective, the NGT Bench also said that Delhi was getting the tag of the worst capital in the world. The Bench headed by NGT Chairperson Justice Swatanter Kumar also said that, 'The SC and NGT have suggested 100 measures to curb pollution, but you always opt for odd-even. Nothing has been done by the Delhi Government in the past one year.' It also must be brought out here that following a plea by the AAP government, the NGT allowed industries engaged in essential services to operate in Delhi-NCR on the condition that they would not pollute and cause emissions.

It is heartening to note that the NGT has directed the Delhi Government and the municipal corporations to ensure availability of appropriate parking facilities for cars and discourage roadside parking. A Bench headed by NGT Chairperson Justice Swatanter Kumar slammed authorities for not complying with its earlier orders to decongest traffic and asked them to take steps in a holistic manner. The Bench said, 'Why have you not created enough parking place for cars? You people are responsible for creating mess on roads by creating two-three lanes of parking. Why don't you cancel the agreement with contractors who abuse their terms? These parking people become officers and traffic people just watch them.'

The green panel said if new cars are being allowed to be registered then they must be given proper parking spaces. For instance, the multiple parking at Sarojini Nagar remains empty which is undisputed fact and all the vehicles are permitted to be parked on roads where some contractors collect money and add to congestion of traffic. The Bench added 'All the Government Authorities, Corporations and NDMC should take immediate and effective steps to rectify these discrepancies and ensure better co-ordination between the Corporations, Government, Police, Departments and contractors who are engaged for parking purposes.'

It is high time and Delhi State Government must pay heed to what the NGT has said. It is incumbent that the State Government in Delhi must now initiate a slew of emergency measures that can help control pollution to a great extent. Some of these emergency measures can be as follows: -

1. Entry of truck traffic must be stopped in Delhi immediately except those carrying essential commodities.

2. All civil construction activities that are not necessary must be stopped.

3. Enforce ban on pet coke and furnace oil.

4. DTC, Transport Department and DMRC to intensify services.

5. Intensify mechanical sweeping and sprinkling of water by corporations, PWD.

6. Consider 'cloud seeding' as an option to induce rainfall artificially, as an immediate step to bring down the dust and particulate matter in the atmosphere. This invaluable suggestion has come from none other than Delhi High Court itself.

7. The Union Environment Secretary must hold a meeting of the Chief Secretaries of Delhi, Punjab, Haryana and Uttar Pradesh to work out a joint short-term plan to bring down air pollutionin three daysas has been rightly ordered by the Delhi High Court.

8. The governments of UP, Punjab, Rajasthan and Haryana have been rightly asked by Delhi High Court as also by Centre to ensure that no crop residue is burnt. In an advisory issued to these states, the Union Agriculture Ministry said that, 'Burning of crop residue in states like Punjab, Haryana, Uttar Pradesh and Rajasthan also contributes to increasing environment pollution level.'

9. More awareness campaigns must be launched to ensure that people especially farmers are made fully aware about the harmful effects of straw burning. Unrestricted crop burning in states adjoining Delhi must be checked immediately and violators must be punished severely as this leads to emission of a huge amount of carbon monoxide in the air and the prevailing winds push the pollutants to Delhi.

10. Auto-rickshaws are phased out by the end of the two-year period from operating in all residential areas (with last mile connectivity being provided by e-rickshaws instead) and phased out altogether from the streets unless s tourist attractions in designated areas with zero-interest loans provided to ensure that those who ply them can purchase (and are trained to ply) sub 800-cc small cars such as the Nano/otherswithin four years.

11. Winter vacations for schools can be enhanced by two or three weeks which will result in pollution getting reduced to a large extent.

12. A ban on the entry of diesel trucks more than ten years old as imposed by NGT be enforced. NGT rightly said that no vehicle from outside or within Delhi will be permitted to transport any construction material.

13. Authorities and the civic bodies should sprinkle water where particulate matter PM 10 is recorded at more than 600 micrograms per cubic metre as directed by NGT. This sprinkling of water on the exposed soil would reduce the generation of dust.

14. An immediate ban on felling of trees as directed by NGT.

15. The authorities should address the 'other elephant in the room', such as dust generated by road and construction activity, and industries though stubble burning is the 'visible villain' as observed by Delhi High Court.

16. Stop use of firewood and coal in hotels and eateries.

17. More trees and plants should be planted.

18. It should be made mandatory that every vehicle must have pollution under control certificate. Those not having it must be penalized heavily.

19. Free travel for commuters in all Delhi Transport Corporation and cluster buses.

20. Diesel vehicles should be minimized.

21. Servicing of vehicles should be done in time. It should be driven carefully at a normal speed and all precautions should be taken to ensure that it does not spread pollution of any kind.

22. The number of Air Conditioners should be reduced in every house so that the pollution is controlled further.

23. Delhi's metro carrying capacity must be increased.

24. More additional trains must be deployed. Good that 186 additional trains to be deployed from now onwards.

25.Most importantly, it must be ensured that in one house there are not ten vehicles. This is what contributes most to maximize pollution in air all over.

Also, all vehicles which are more than 10 years old must be discarded especially in Delhi and adjoining regions where pollution level is crossing all limits as we are seeing this grabbing international headlines also which is certainly not a good news for our country because Delhi is our national capital. If this pollution surge is not controlled in time, who would like to come to India leave alone investing here? Apart from what I have enumerated above, all other steps must be taken that can contribute in any manner to reducing the level of pollution in Delhi because pollution is responsible for so many diseases and other breathing complications which will affect all of us equally who live in either Delhi or in the adjoining regions! It cannot be dismissed lightly that the NHRC has sent notices to the Centre and also the governments of Delhi, Punjab and Haryana in view of the 'life-threatening' pollution levels in Delhi and NCR.

It cannot be lost on us that the NGT on November 11 rapped the Delhi government for choosing one out of the many guidelines provided by the Environmental Pollution (Prevention and Control) Authority (EPCA) and announced the implementation of the car-rationing scheme. A Bench headed by NGT Chairperson Swatanter Kumar said that, 'There were 99 other guidelines issued by the EPCA but you decided to select one? Will it be a whim of a particular officer in the government or do we take that the government of NCT Delhi decided to implement the odd-even scheme?' Delhi State Government must specify its clear stand on this.

To be sure, the NGT also stated that the city being exposed to poor ambient air quality 48 hours before the emergent measures are adopted was not a viable option. It said that, 'We direct that 48 hours may be relevant for determining average pollutant values, but not for taking emergent measures particularly when it crosses 700 micrograms per cubic metre.' After officials from the Central Pollution Control Board (CPCB) stated that sprinkling of water would be effective in reducing the pollutants in cases of environmental emergency, the Bench said that, 'We direct that the same shall be implemented without default and delay in future and even during the coming week unless it rains bytomorrowor day after, as per the reports of the meteorological department.'

Noting flagrant violation of the prescribed limits of PM (particulate matter) 10 and PM 2.5, it banned construction and industrial activities causing emissions till November 14. The NGT also directed the authorities and the civic bodies to sprinkle water where PM 10 is recorded at more than 600 micrograms per cubic metre. The Bench lashed out saying that, 'You've made a mess of Delhi. You have done what you had to, now we will decide what you have to do. You (officials) go to the hospital and see what kind of trouble people are facing. You kept playing with people's life. Right to life has been infringed with impunity by the authorities and other stakeholders who have been mere spectators to such crisis.'

It is noteworthy that the Bench also made it clear that, 'But we make it clear that no economic restraints or grounds will be entertained as a defence to sprinkling of water if the pollution levels rise beyond 700 micrograms per cubic metre for PM 10 and 400 micrograms per cubic metre for PM 2.5.' The green panel also observed that despite passing appropriate directions, there was 'rampant construction' being carried out in the Capital. All this has to stop forthwith if some really serious attempt is to be made to control pollution level in Delhi.

Be it noted, the Bench also ordered that, 'The National Highways Authority of India (NHAI) has been carrying out heavy earthmoving and construction activity at the crossing of CWG complex near Akshardham. Construction work is going on at the NBCC project at Kidwai Nagar as well. We issue show-cause to both these organizations asking why exemplary fine should not be imposed on them.'

All said and done, what NGT has said must be taken seriously and its orders must be complied with in totality. What a national disgrace that Delhi continues to bear the worst ignominy of figuring as one of the most polluted city in the world with alarming indifference. Delhi pollution kills around 30,000 people each year which is more than even the killings by terror attacks that take place in many countries including India! Particulate matter is responsible for respiratory and heart diseases as also cancer. Carbon monoxide causes sleepiness and disorientation. Nitrogen dioxide causes throat and lung infections as also asthma. Ozone causes itchy eyes, respiratory and lung issues. Sulphur dioxide causes dry, itchy eyes, wheezing and lung damage. Lead causes anaemia, lowered IQ, brain and kidney damage and cancers.

No doubt, the three main causes which are causing toxic air are: Vehicular pollution, industrial emissions and straw burning. Strategy must be chalked out to deal with them effectively. The number of vehicles and industries must be reduced. Polluting vehicles and industries must be ordered to pack off. Farmers it is noticed resort to crop residue burning as they have to quickly clear the fields for the next crop. Machines like 'happy seeder' which chops and spreads the straw which serves as mulch in a paddy field before the sowing of wheat seeds are good but they come with a heavy price. Also, Delhi's stock of these machines is hugely inadequate which further complicates matter. It must be increased forthwith and made affordable for renting with aid from the Union Government. Bialing can be used to generate electricity or make cardboard. As for industrial emissions, coal plants, for example, should switch to one 'supercritical' technology.

The nub of the problem is: The government scrambles for immediate stopgap solutions when smog envelopes the whole of Delhi and adjoining regions. Here too just few are implemented. Once winter is over, it's now back to business as usual and all precautions are thrown to the wind. Every year, the slew of emergency measures that are announced by authorities at various levels, is not just a case of too-little too-late, but one of shutting the stable door after the horse has bolted.

It merits no reiteration that the whole of north India is engulfed in a thick blanket of smog, the main reason for which is the burning of paddy straw by farmers, along with low temperature which culminates ultimately in smoke getting trapped in the lowest layer of atmosphere. This cascading level of intolerable pollution is not just adversely affecting asthma and heart patients but also healthy people. It is a matter of grave concern that people complain of burning sensation in their eyes and heaviness in breathing which reflects the severity of the pollution. The Air Quality Index of the Central Pollution Control Board recorded 487 on a scale of 500, indicating 'severe' level of pollution.

One can well gauge the seriousness of the situation by the irrefutable fact that the environmental agencies consider the air unfit for inhalation even by healthy people. I am sorry to say but this smog problem has not been dealt with the utmost urgency and topmost priority with which it should have been dealt which alone explains why NGT has rapped the Centre and the State Governments for miserably failing to even contain it to a tolerable extent. But why blame Governments alone?

On a concluding note, it must be said that people also have been shying away from their basic duties. They too must come forward and stop using too many vehicles, too many ACs, too much use of vehicles even for going very near etc which can certainly go a long way in containing this Frankenstein's monster instead of just blaming Centre and State governments alone for it. More plants and more trees should be planted. More importantly, there should be a complete ban from now onwards on felling of trees unless it is exceptionally necessary and if one tree is cut it should be ensured that at least hundred more are planted! In April 2015, the Supreme Court upheld a NGT ban on all vehicles which were more than 15 years old from plying on Delhi roads. The NGT had also ordered that such vehicles would not be permitted to be parked in any public area and towed away and challenged by the police in accordance with the law. As we draw bad fumes into our nostrils time and again, let our suffering lungs issue a call to serious, swift and strict action against pollution of all kinds!