Hc Fumes, Says No To New Deadline

HC Fumes, Says No To New Deadline 10 Jan 2009, 0601 hrs IST, TNN KOLKATA: Given a choice between protecting the city environment and the livelihood of auto operators, Calcutta High Court chose the former because it has a bearing on our future and turned down the government's plea to extend the ban deadline to July 31. Stepping up the heat, the court said it wanted the government to submit a progress report on the auto ban every fortnight. The green Bench will scrutinize the progress and decide whether further extension is to be allowed. Licensed autorickshaws will be allowed to ply for now. "In this matter, there is a conflict of two fundamental rights. One grants citizens the right to livelihood while the other gives them the right to a clean environment. We are not concerned about the present generation. We are concerned about the future of Kolkata and West Bengal. We have to ask ourselves whether our children are entitled to free, unpolluted air. These autorickshaws have been banned in Delhi, Bangalore, Chennai and Mumbai. Why can't they be banned from Kolkata?" Chief Justice S S Nijjar observed. The government went on the defensive the moment Chief Justice Nijjar asked what it had been doing to implement the ban since July 18, 2008, when the order was passed. The court also came down heavily on the state when told that auto operators had resorted to violence. It expressed displeasure when told that the state had not published the scheme for conversion of auto-rickshaws even once. "Were they unjustified in resort-ing to violence? You ban auto-rickshaws on the last day without giving them enough time to opt for an alternative. They are poor people looking for everyone's co-operation. There's bou-nd to be resistance. After all, it is the matter of their livelihood. The auto drivers ignore the health hazards they suffer from the pollution for the sake of their families. The state will have to take a proactive stand beyond party lines," Chief Justice Nijjar said. The judges asked: "The state will have to be more proactive. Only force will not work. Give them alternatives. Where is the infrastructure for conversion? You have mentioned that there are only 15 LPG outlets in and around the city. Do you expect an autorickshaw driver to go all the way to Nadia to fill his tank? What did you do earlier? What steps were taken to increase the number of LPG outlets?" When advocate-general Balai Ray said the state had no role to play in opening more LPG outlets, Justice Ghosh said: "The matter of LPG outlets is in the hands of oil companies. The matter of law and order is in the hands of the Opposition. Then what is the state's role?" Ray claimed the plan to provide an LPG auto worth Rs 1,26,000 for a down payment of Rs 10,000 was worked out well before December 31. Yet, nobody had applied till then. "Nothing is tangible in your affidavit. You did not take lessons from other cities where such bans have been imposed. Why was the scheme not published to attract more auto owners? Why was the court order not implemented phase-wise? You didn't even choose to brief the court on the situation," Chief Justice Nijjar observed. After Ray pleaded guilty to not publishing the scheme for the benefit of autorickshaw operators, the court directed him to do so immediately, not only in newspapers but also on television and radio.

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