TaxTMI 
TaxTMI 
2001 (3) TMI 1063
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.... Radhakrishna, B.V. Balram Das, Prashant Bhushan, Sanjeev Kapoor, Sanjay Pathak, Vijay Panjwani, Mrs. Sheil Sethi, R.C. Verma, Vivek Vishnoi, Ms. Kiran Kapoor, Rakesh K. Khanna, Ms. Pallavi Choudhary, Surya Kant, Sushil Dutt Salwan, Piyush Sharma, Pramod Dayal, Sunil Gupta, Jatin Saveri, Harish J. Jhaveri, H.K. Puri, S.K. Puri, Rajesh Srivastava, Ujjal Banerjee, Ms. Rani Chhabra, Ms. Meenaxi, M.S. Bakshi, Subramonium Prasad, S.N. Jha, Ms. Astha Tyagi, P.K. Sharma, Divyang K. Chhaya, Abhijat P. Medh, Avimukt Par, Ms. Kum Kum Sen, Ms. Indu Malhotra, Ms. Shyel Trehan, Raj Shekhar Rao, R.K. Maheshwari and Anil Srivastava, Advs ORDER 1. With a view to check rapid deterioration of air quality in Delhi, which was becoming a health hazard besides being an environmental enemy, certain directions have been issued by this Court from time to time in the main Writ Petition. 2. On 28th July, 1998, some further directions were issued fixing a time schedule after taking note of the recommendations made by the Bhure Lal Committee. One of the important directions [direction (g)] issued on that date was to the effect that the entire 'city bus fleet was to be steadily converted to a singl....
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....n used by the Administration) which may arise as a result of not extending the deadline fixed by this Court, however, is a creation of the administration and the private operators and they have to thank themselves for it. They are accountable to the commuting public for creating this situation. The administration does admit its 'lapses' but the learned Additional Solicitor General has time and again submitted that for their lapses, "let the commuting public not suffer". It appears to be an argument of despair. 7. Out of a total fleet of 12,000 - 14,000 buses which operate locally in Delhi, the DTC has a fleet of about 2,000 buses. About 6,000 buses operate on contract carriage system. Approximately 6,200 buses run on Stage Carriage Permit. These stage carriage buses operate locally in Delhi, either under the DTC KM. Scheme or under the permit scheme. 8. On behalf of the Stage Carriage Permit transport operators, Mr. K.K. Venugopal, learned senior counsel, submitted that all their existing buses are meeting emission norms for diesel vehicles as prescribed under the Motor Vehicles Act and, therefore, they cannot be denied their right to ply their buses 'even if they....
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.... 9. The DTC and some other private operators, though belatedly, have now taken steps and placed orders for CNG buses. Some of the schools, which own their own buses, have placed orders for CNG buses or conversion of their existing buses to CNG mode. Most of the schools are hiring buses from the DTC and other private operators. Some other private operators have also taken steps to convert their buses to CNG mode either by placing orders for new CNG buses or by conversion to CNG mode. 10. In the affidavit filed by Mr. V.K. Bhatia on 22nd March, 2001 on behalf of the DTC, it has been stated that currently 860 buses, both CNG and diesel, are being plied on school duties. It is further stated in the affidavit that these buses, apart from performing school duties in the morning and in the evening, are also deployed on the general route duties from the nearby depots or terminals. It is also stated in the affidavit that in addition to 860 buses on school duties, 160 spare buses are kept ready for deployment in case of replacement if the need arises. The affidavit discloses that orders have been placed by DTC for 1880 CNG buses and that order for another 120 buses is likely to be given s....
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....een received by them and are on their fleet. We permit the DTC to run 1880 existing buses including the existing CNG buses which are not more than eight year old till 30th September, 2001. This, however, is subject to the condition that out of these 1880 buses, a full compliment of buses for the schools, namely, 860 buses plus the requisite spare buses shall be deployed for school duty. As and when new CNG buses are received by DTC, the existing buses shall be replaced. 3. It is represented on behalf of contract carriage operators of inter-State and tourist buses that the applicants were under the bona fide impression that the expression "city bus fleet" in direction (g) of the order dated 28th July, 1998 was not meant to take within its ambit buses owned by such tour operators as they run mostly on inter-State routes as luxury coaches. Even if that be so, their case would certainly be covered by condition (f) of the order dated 28th July, 1998, which provided that no eight year old buses were to ply except on CNG or other clean fuel after 1st April, 2001. Even if, it was bona fide believed that these buses were not to be converted to single fuel mode of CNG, they could not in a....