Delhi High Court Refuses To Entertain PIL Claiming Auto Festival Will Worsen Air Pollution

The Delhi High Court on Thursday refused to entertain a PIL against “Burnout City India” event scheduled to be organized at NSIC Exhibition Ground on January 17, claiming that it will aggravate the existing air pollution.

The event is an automotive and lifestyle festival, involving massive vehicles showcase, drift and stunt zones, and music events.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that the petition was based on mere speculations, and lacked scientific data in support of the claims.

It was the petitioner's case that the scheduled event is in violation of the GRAP norms, and will impact the air and noise pollution. The plea contended that more consumption of vehicle fuels like petrol and diesel is likely to worsen the air quality in the nearby areas.

Disposing of the plea, the Court said that the petition did not contain necessary data or information on the basis of which it can come to a conclusion that the scheduled event is likely to impact the air quality or cause noise pollution.

The public interest litigation was filed by lawyer Hemant Jain and one other individual.

During the hearing, Jain, appearing in person, argued that the stunts and other activities in the event in question pose the risk of increasing the PM levels of the pollution from 2.5 to 10 in the concerned area.

On this, the Court questioned the petitioner as to whether there was any scientific reason to raise such an allegation or if it was his “mere speculation.”

While no scientific reason was attributed by the counsel, he said that the cars used in the event are highly tuned and modified.

“Is there any authentic data to support this submission? The petition appears to be based on speculation by you,” the CJ told the counsel.

The Court also questioned if the event is being organized with the permission of some authority. To this, the petitioner said that no permission is uploaded for the event on any public domain.

The counsel appearing for the Delhi Pollution Control Board said that no permission was granted for the event and that the same might be the responsibility of local municipality or land owning authority.

On this, the Court said that since the event, if permitted, will infringe the GRAP norms, the Commission for Air Quality Management in National Capital Region and Adjoining Areas (CAQM) will be the relevant authority, which the petitioner had not approached.

“No scientific basis is given, only speculation because in a particular period of time, such vehicle consumes more petrol, that's all. Are these the basis on which the courts proceed? We will ask you to go to the District Magistrate and he will consider,” the Court said.

Noting that Jain had already represented the cause to various authorities, including DM, the Court closed the matter directing thus:

“Without entering into the merits of the claims, we request that the DM concerned shall look into the grievances raised, specially those mentioned in the writ petition. The DM is directed to take action as may be warranted under law.”

Title: HEMANT JAIN & ANR v. UNION OF INDIA & ORS.