NGT order: High Court declines to intervene

The Kerala High Court today declined to intervene in vacating a stay order against the operation of a National Green Tribunal circuit bench order imposing ban on diesel vehicles of 2000 cc engine capacity and above as well as operation of 10-year-old diesel vehicles in six major cities of Kerala.While considering an appeal filed by the Lawyers Environmental Awareness Forum (LEAF) against a single bench order staying the order of the NGT circuit bench in thematter, a division bench of the High Court, comprising acting Chief Justice Thottathil B Radhakrishnan and Justice Anu Sivaraman, said the parties can approach the Tribunal and it is free to pass the order after hearing the parties.The bench also said the interim order by the single bench will not stand in the way of the Tribunal in hearing and passing orders in this regard.Earlier, the High Court's single bench had stayed the NGT circuit bench order banning light and heavy diesel vehicles, which are more than 10 years old, in six major cities of Kerala as well as registration of any diesel vehicle of  2000 CC engine capacity and above.Issuing the order, Justice P B Suresh Kumar had said the High Court had jurisdiction  to interfere with the NGT orders.The NGT circuit bench here had banned light and heavy diesel vehicles, which are more than 10 years old, in six major cities, including state capital Thiruvananthapuram and commercial capital Kochi.In its first sitting, the bench, comprising NGT chairperson Justice Swatanter Kumar and expert member Bikram Singh Sajwan, had also directed the state government not to register any diesel vehicle in 2000 CC capacity and more, except public transport and local authority vehicles.The NGT bench had issued the order while hearing a petition filed by LEAF. The  Forum had sought action against highly-polluting diesel vehicles such as trucks and buses.It had also noted that Kochi and other major cities have earned the reputation of being the most polluted cities.