Citizens entitled to breathe fresh air: NGT

The National Green Tribunal (NGT) ruled that citizens are entitled to breathe fresh air.

A bench headed by Chairperson Justice Adarsh Kumar Goel quashed a plea filed by public sector distribution company – Dakshin Haryana Bijli Vitaran Nigam seeking permission to use diesel generators. The company wanted to seek respite from the Environment Pollution (Prevention and Control) Authority’s (EPCA) order on banning use of diesel generators to combat air pollution in the National Capital Region (NCR).

The petitioner had said that while it is under obligation to distribute electricity, there are limitations in distributing power in the entire area due to technical non-feasibility. The EPCA had ordered that diesel generator sets will be banned in Delhi and nearby cities, such as Gurgaon, Faridabad, Noida and Ghaziabad, starting October 15, 2019. The NGT said that in view of the fact that Graded Response Action Plan (GRAP) has been duly notified under the provisions of the Environment (Protection) Act, 1986, and is binding and that the impugned order is merely enforcing the GRAP, there is no illegality in the order.

According to the NGT, “Impugned action is an undoubted need for protection of environment and public health. If the appellant cannot supply electricity, it is for the appellant to find out ways and means within the purview of law. This cannot be ground to use Diesel Generator sets in violation of air quality protection norms. Citizens are entitled to breathe in fresh air. Thus, no interference is called for.”