A plea challenging the Delhi Government's Odd and Even number scheme to reduce the vehicular pollution has been filed before the Supreme Court.
Petitioner Sanjjiv Kkumaar, a Noida-based Advocate, mentioned on Thursday the petition before the bench led by Justice SA Bobde, Chief Justice of India designate, for urgent hearing.
The bench tagged this petition with other similar pleas and referred the matter to the bench headed by Justice Arun Mishra, who is scheduled to hear the batch of pleas pertaining to Delhi pollution issues tomorrow.
According to the petition, the Delhi Government's scheme is "arbitrary, irritational, unconstitutional, abuse of power, and contrary to statutory provision Section 115(Power to restrict the use of vehicle) Motor Vehicle Act".
"It is also contrary to the fundamental rights - equality before Law and equal protection of law (Article 14 of the Constitution of India), prohibition of discrimination (Article 15 of the Constitution of India)", the petitioner contends
As per the petition, Odd Even Vehicle Scheme violates Fundamental Rights of residents of Delhi and adjoining states residents who daily commute in/out of Delhi in their four wheeled vehicles (motor cars etc.) to do their jobs/business to earn their livelihood and is ultra vires Article 19(1)(g) of the Constitution.
The petitioner cited reports of Central Pollution Control Board (CPCB), Delhi Pollution Control Committee (DPCC); and IndiaSpend's Breathe network which stated that Odd Even scheme has not helped in curbing the pollution.
"It is nothing but political gimmick for self-promotion and advertisements in the smokescreen of curbing pollution," the petition alleged while seeking the court to declare the state government's November 1, notification ultra vires.
Justice Arun Mishra bench, which is hearing the matters relating to air pollution in Delhi, on Wednesday pulled up the Centre, Delhi govt.and the governments of adjacent states- Punjab and Haryana for not finding solutions for farmers who resort to stubble burning for their next crop.
The bench has also asked the Delhi Government to submit data on how the scheme has helped in reducing pollution.